'Unauthorized autopen...': Trump voids Biden autopen documents; scholars warn order carries no legal force

 

U.S. President Donald Trump opened a new front in his fight with his predecessor on Tuesday, declaring that he is terminating all documents, including pardons, that he claims Joe Biden signed using an autopen. The announcement, made on Truth Social, immediately drew scepticism from legal scholars, who noted that presidents of both parties have long used the device for routine paperwork.

The autopen, a mechanical tool that reproduces a signature with precision, is typically reserved for high-volume or ceremonial documents and has been in regular use across administrations. Its use has never previously been considered grounds to invalidate a presidential action.

Trump and his allies have pushed unfounded claims that Biden’s reliance on the device during his presidency undermined the authenticity of official acts or suggested that Biden was unaware of what he was signing. It remains unclear whether Biden used the autopen for pardons.

“Anyone receiving ‘Pardons,’ ‘Commutations,’ or any other Legal Document so signed, please be advised that said Document has been fully and completely terminated, and is of no Legal effect,” Trump wrote.

Legal experts dismissed the idea, according to Reuters.

“It’s never been thought that a president has the ability to void a prior president’s pardons,” said Mark Osler, professor at the University of St. Thomas School of Law.

“There is absolutely no constitutional or legal basis” for reversing pardons due to the use of an autopen, said Stanford Law School professor Bernadette Meyler.

Brian Kalt of Michigan State University College of Law added that the administration would need to challenge the validity of a pardon in court, and that doing so would “require proving to the court’s satisfaction that Biden didn’t authorize them.”

The Biden team did not respond to a request for comment. Before leaving office in January, Biden issued several pardons, including for family members, and commuted sentences for non-violent drug offenders.

Trump, who has repeatedly attacked Biden’s mental fitness and questioned whether aides made key decisions for him, has long targeted his predecessor’s use of the autopen. Biden and former aides have denied those claims, saying he remained fully engaged in governing.

(With inputs from Reuters)