President Donald Trump declared on Monday that the last-minute pardons issued by former President Joe Biden are “void,” arguing they were signed using an autopen rather than by Biden himself.
In a Truth Social post, Trump stated, “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.”
.@POTUS: It looks like we had an autopen for a president... Did he know what he was doing? Did he authorize it or was this somebody in an office, maybe a Radical Left lunatic just signing whatever he wants?... To sign pardons with an autopen is disgraceful. pic.twitter.com/4dmzw61kZs
— Rapid Response 47 (@RapidResponse47) March 17, 2025
The controversy centers around Biden’s decision to issue preemptive pardons just before leaving office. Among those reportedly pardoned were members of the House committee that investigated the January 6 Capitol riot, as well as members of Biden’s family, Dr. Anthony Fauci, and General Mark Milley. The move was widely seen as a safeguard against potential prosecutions under the new administration.
If SCOTUS approves this, there isn’t enough popcorn in the world… https://t.co/EDZXfWWcFh
— James Woods (@RealJamesWoods) March 17, 2025
Trump has asserted that Biden was unaware of the pardons and did not personally sign the documents. Speaking to reporters aboard Air Force One on Sunday, Trump suggested the legitimacy of the pardons could be challenged. “It’s not my decision; that’ll be up to a court,” he said.
REPORTER: Do you plan to comply with the orders of the Clinton-appointed judge that ruled that the government has to rehire terminated workers?@POTUS: "I think it's absolutely ridiculous. It's a judge that's putting himself in the position of the President of the United States… pic.twitter.com/rQGRDkyNPl
— Rapid Response 47 (@RapidResponse47) March 17, 2025
A recent report from a think tank associated with the Heritage Foundation raised questions about whether Biden used an autopen to sign the pardons, though the Biden administration has not confirmed this. Legal experts note that presidents have used autopens for official signatures for decades. A 2005 Justice Department memo from the Bush administration stated that a president could legally authorize a subordinate to affix their signature using an autopen.
.@POTUS: Eggs are way down from their peak. Gas prices are coming down. Oil is down to $65/barrel — it was $82/barrel when I took office — and when energy comes down, prices for everything else come down.
"We're setting a good table." pic.twitter.com/NbX8mqIpUT
— Rapid Response 47 (@RapidResponse47) March 17, 2025
Despite Trump’s claims, legal precedent suggests a president’s pardon cannot be revoked by a successor. The U.S. Constitution grants the president broad clemency powers, and no law provides a mechanism for rescinding an issued pardon. CNN legal analyst Elie Honig emphasized this point on Monday, stating that once a pardon is granted, it is legally binding, regardless of how it was signed.
Trump defends using the Alien Enemies Act, saying, “This is a time of war — Biden let in millions, including criminals. That’s an invasion.” pic.twitter.com/xPOhQErMlO
— Libs of TikTok (@libsoftiktok) March 17, 2025