In a dramatic and unprecedented escalation of political rivalry, former President Donald Trump has declared all documents signed by his predecessor Joe Biden using an autopen device to be "fully and completely terminated." The announcement, made on his Truth Social platform on Tuesday, targets a range of official actions, including presidential pardons, and has been met with immediate scepticism from constitutional scholars.
An Unprecedented Claim to Unwind a Presidency
The controversy centres on the use of an autopen, a mechanical device that replicates a person's signature with precision. It has been a standard tool in the White House for decades, employed by presidents from both major parties to manage the high volume of ceremonial documents, letters, and proclamations. Trump, however, has repeatedly targeted Biden's use of the device, suggesting it invalidates the actions or implies the former president was not fully aware of them.
"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. This sweeping declaration represents a direct attempt to roll back key decisions of the previous administration on what legal experts widely view as a flimsy pretext.
Legal Grounds Shaky, Pardons in the Crosshairs
Legal authorities have been quick to question the foundation of Trump's move. According to fact-checkers like PolitiFact, the US constitution does not require a president to physically sign many documents, including pardons, for them to be legally enforceable. Furthermore, federal law lacks any clear mechanism for a sitting president to overturn a predecessor's pardon.
The attempt to nullify Biden's pardons rests on particularly shaky ground. The constitution does not technically require a pardon to be written, let alone signed in a specific manner. The Justice Department under President George W. Bush previously contended that an autopen signature carries the same legal weight as a manual one for purposes including signing legislation.
Before leaving office in January 2025, Biden issued several notable pardons and commutations:
- Family members, including his two brothers and sister, whom he said he wanted to protect from politically motivated investigations.
- Non-violent drug offenders, whose sentences he commuted.
- Key figures such as retired General Mark Milley, members of the House January 6 committee, and former Republican representatives Liz Cheney and Adam Kinzinger.
Reports from outlets like Fox News suggest Trump's order will not apply to the pardon of Biden's son, Hunter, as it is known to have been signed with a pen. However, it is anticipated to affect others, including Dr Anthony Fauci.
A Pattern of Provocation and Uncharted Legal Territory
This action fits a familiar pattern for Trump, who is known for taking decisive steps that challenge legal precedent, often leaving the courts to ultimately settle the matter. His latest move directly questions Biden's mental fitness and agency, claims which Biden and his former aides have consistently denied.
While the use of signature-copying devices dates back to Thomas Jefferson, the autopen has never faced a serious legal challenge of this magnitude. Trump's declaration sets the stage for a potential constitutional and legal battle, testing the boundaries of presidential power and the permanence of executive actions. For now, the fate of the documents and pardons signed by Biden's autopen hangs in the balance, awaiting what could be a lengthy judicial review.
