US President Donald Trump has sparked a debate after declaring all pardons issued by former US President Joe Biden to be null and void.
He claimed the pardons were executed without Biden’s knowledge or approval.
Trump alleged that the pardons, signed in Biden’s final hours in office, were authorised using an autopen, a machine that reproduces a person’s signature, suggesting Biden neither signed the documents himself nor was aware of them.
He claimed that individuals behind these actions might have committed a crime.
“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen. In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump wrote on his social media platform, Truth Social.
In the same post, Trump accused Biden’s associates of bypassing the former president’s authority, calling for a high-level investigation. “The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime,” he said.
“Therefore, those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two-yeartwo-year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level,” Trump mentioned.
Just before leaving office, Biden issued several controversial preemptive pardons. Among those pardoned were his close family members, brothers James and Francis Biden, sister Valerie Biden Owens, and their spouses. Biden defended these actions, saying his family had endured “unrelenting attacks and threats, motivated solely by a desire to hurt me – the worst kind of partisan politics.”
Also, Biden granted pardons to key public figures including: Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases, Retired General Mark Milley, former chairman of the Joint Chiefs of Staff, Members of the House Select Committee that investigated the January 6 US Capitol attack.
Biden’s pardons were aimed at shielding these individuals from possible legal action under Trump’s administration.
Trump’s claim that using an autopen nullifies presidential pardons is without precedent. The autopen, in use since the 1950s, allows high-level officials to sign documents when unavailable in person. US presidents, including Biden and his predecessors, have used it to sign legislation and executive orders.
While courts have generally upheld the legality of autopen-signed documents, legal experts note that its use for pardons remains a grey area.
There is no definitive court ruling on whether a pardon signed by autopen, without direct knowledge or approval from the president, is legally valid.
