Can Trump Overturn Biden's Pardons? Legal Experts Weigh In
President Joe Biden meets with President-elect Donald Trump, Wednesday, November 13, 2024, in the Oval Office. Photo by Cameron Smith and courtesy of The White House. Public domain.
President Donald Trump is making headlines again with an extraordinary claim: that the pardons issued by former President Joe Biden in his final days in office are "VOID," as expressed on Trump's social media post. Trump argues that these pardons — granted to members of the House Select Committee investigating the Jan. 6 Capitol attack and others — were improperly signed using an autopen, a device that replicates a signature. But can Trump actually overturn them? And what does this mean for those who received pardons?
Trump's Claims and the Autopen Controversy
Trump's latest allegations surfaced on his Truth Social account, where he declared that Biden's use of an autopen to sign the pardons rendered them invalid. He went further, alleging that Biden was unaware of the pardons and that those responsible for securing them may 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," Trump wrote on Truth Social, according to NBC News.
While aboard Air Force One, Trump reiterated his position, stating, "I never use" autopen, as reported by NBC News. Trump went on to say, "We may use it, as an example, to send some young person a letter. We get thousands and thousands of letters of support for young people, people who aren't feeling well, etc. But to sign pardons and all the things that he signed with an autopen? Disgraceful."
Can Trump Legally Void Biden's Pardons?
Legal experts overwhelmingly agree that Trump does not have the power to revoke Biden's pardons. The U.S. Constitution grants presidents broad authority to issue pardons under Article II, and there is no precedent for a subsequent president nullifying them.
Jeffrey Crouch, politics professor at American University, said "Biden's pardons are highly unlikely to be revoked somehow because of the apparent use of an autopen," as reported by NBC News. He added, "There are scattered examples throughout history of clemency decisions that were never completed. But the idea that a completed pardon could be revoked is a highly unusual suggestion."
Past presidents, including George W. Bush and Barack Obama, have used autopens to sign bills, executive orders, and clemency documents. The Justice Department affirmed the legality of autopen signatures in a 2005 legal memo, according to NBC News.
A 2023 ruling from the Fourth Circuit Court of Appeals further underscored that presidential pardons do not require any specific format, stating that the constitutional text is silent as to any particular form the President's clemency act must take to be effective.
Who Is Affected by This Controversy?
Biden's last-minute pardons were wide-ranging, covering individuals involved in the Jan. 6 investigation, including members of the Select Committee, as well as figures like General Mark Milley and Dr. Anthony Fauci. The pardons shielded them from potential prosecution under Trump's administration.
Trump's threats of renewed investigations have sparked concern among those pardoned. Former committee members Adam Schiff, Liz Cheney, and Jamie Raskin have publicly dismissed Trump's claims, with Schiff stating, "The members of the Jan 6 Committee are all proud of our work. Your threats will not intimidate us ... or silence us," as reported by NBC News.
What Happens Next?
While Trump insists the pardons are invalid, any legal challenge would face significant hurdles. The Supreme Court has never ruled on a presidential attempt to undo another's pardons. If Trump's Justice Department attempted to prosecute those Biden pardoned, it could possibly trigger a constitutional showdown.
As of now, Biden's pardons remain in force. But Trump's remarks suggest he may still push for legal challenges, setting the stage for yet another high-stakes legal battle in Washington.
References: Trump Claims Biden Pardons Are 'VOID,' Alleging They Were Signed via Autopen | Trump Says Biden's Pardons for Jan. 6 Committee Are 'Void' Because He Used an Autopen | Trump Claims Biden's Pardons for Jan. 6 Committee Are 'Void.' Legal Experts Disagree
