Trump Drops Bombshell Claim Regarding Biden’s Preemptive Pardons

President Trump claims Biden’s pardons to January 6 committee members are void, asserting they were improperly signed using an autopen without the former president’s knowledge.

Key Takeaways

Trump declared pardons issued by Biden to January 6 committee members “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” due to alleged autopen signatures.
Legal experts doubt the validity of Trump’s claims, noting autopen signatures have been deemed legally acceptable for presidential documents.
Trump alleges Biden “knew nothing” about the pardons, suggesting those who processed them “may have committed a crime.”
Biden’s pardons included January 6 committee members, former Joint Chiefs Chair Mark Milley, and Dr. Anthony Fauci.
The controversy highlights tensions over executive power and presidential authority to revoke a predecessor’s pardons.

Trump’s Bold Claim Against Biden’s Pardons

President Donald Trump has taken aim at pardons issued by former President Joe Biden, declaring them invalid based on claims they were signed using an autopen rather than Biden’s actual signature. In a statement posted to Truth Social, Trump asserted that the pardons granted to members of the January 6 committee and others were “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” because Biden allegedly did not personally sign them and “knew nothing about them.”

Trump specifically targeted pardons issued to members of the House committee that investigated the January 6, 2021, Capitol riot. These committee members include Senator Adam Schiff, former Representatives Liz Cheney and Adam Kinzinger, and current Representatives Zoe Lofgren, Jamie Raskin, and Bennie Thompson, among others. Trump also questioned pardons granted to former Joint Chiefs Chairman Mark Milley and Dr. Anthony Fauci.

Legal Questions and Expert Opinions

Constitutional scholars and legal experts have expressed skepticism about Trump’s ability to revoke pardons issued by a previous president. The US Constitution grants the president broad pardon powers with no provision for a subsequent president to rescind them based on the method of signing. When asked if autopen-signed pardons were invalid, Trump responded, “I think so. It’s not my decision. That would be up to a court.”

Legal experts including Jeffrey Crouch of American University and Kimberly Wehle, a former federal prosecutor, have noted that autopen signatures have been considered valid for presidential documents since a 2005 Justice Department opinion. Wehle stated that Trump would likely lose any legal challenge on this basis. The Heritage Foundation’s Oversight Project has suggested that an autopen was heavily used during Biden’s presidency, but this alone does not invalidate official documents.

Political Context and Implications

Biden’s preemptive pardons were issued in his final days as president, granting immunity to individuals who might have faced targeting under a potential Trump administration. Trump has accused the January 6 committee members of committing “major crimes” without specifying what those crimes might be. Representative Bennie Thompson, who chaired the committee, dismissed Trump’s claims, stating, “I am not afraid of Trump’s latest midnight rant that has no basis in reality.”

The dispute underscores the ongoing political tensions surrounding the January 6 Capitol riot investigation and its aftermath. Biden set a record for presidential clemency during his term, commuting nearly 2,500 sentences, including over 2,000 for nonviolent drug offenses. Meanwhile, Trump had previously pardoned around 1,500 individuals related to the January 6 Capitol attack and commuted sentences for 14 supporters, including members of the Proud Boys and Oath Keepers.

Constitutional Questions on Executive Power

Trump’s attempt to nullify Biden’s pardons raises fundamental questions about the limits of presidential authority and the separation of powers. The Constitution’s pardon power is one of the few nearly absolute powers granted to a president, with courts traditionally showing significant deference to executive clemency decisions. If Trump pursues this matter legally, it could represent an unprecedented test of whether one president can invalidate the pardons of another.

While Trump has made his declaration about the pardons’ invalidity, he has not yet outlined specific legal actions he plans to take to challenge them. Constitutional scholars note that allowing a president to revoke predecessors’ pardons would potentially undermine the finality and reliability of the pardon power itself. This controversy adds another layer to the complex relationship between the two administrations and may foreshadow further disputes over executive actions taken during Biden’s presidency.