DOJO — President Donald Trump announced on Tuesday that he is nullifying all documents, including pardons and executive orders, that he claims were signed by Joe Biden using an autopen—a mechanical device that replicates a person’s signature. Legal experts say the move is unprecedented and legally dubious.
What Trump Said
On his platform Truth Social, Trump wrote:
“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.”
He added that the action applies to nearly all Biden-issued executive orders and pardons, except for those, like Hunter Biden’s, known to have been signed by hand.
Trump has long criticized Biden’s use of the autopen, claiming it suggests the president was unaware of key decisions. The former president has also repeatedly questioned Biden’s mental fitness and suggested aides, not Biden himself, made critical decisions—a claim denied by Biden and his staff.
Legal Experts Skeptical
Presidential pardons do not require a handwritten signature to be valid. The autopen has been used by presidents of both parties for decades, including on ceremonial and high-volume documents. A 2005 memo from the U.S. Office of Legal Counsel confirmed that using an autopen or directing a subordinate to sign is legally sufficient.
“The President need not personally perform the physical act of affixing his signature to a bill or pardon for it to be effective,” the memo stated.
Many legal scholars view Trump’s move as symbolic rather than enforceable, and there is no federal process for a president to overturn a predecessor’s pardon.
History of the Autopen
The mechanical signature device dates back to Thomas Jefferson and has been a common tool for presidents since. Trump himself used it extensively during his first term. The device has never faced serious legal challenges until now.
Biden’s Pardons and Controversy
Biden issued several high-profile pardons before leaving office in January, including for family members and individuals involved in politically sensitive cases. Trump previously attempted to invalidate these actions, claiming they were executed without Biden’s direct consent.
Biden has consistently defended his actions, emphasizing:
“I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false.”
Trump, Age, and Politics
Trump, now 79, has frequently targeted Biden, 82, for his age and claimed mental decline, particularly in the final years of his term. Critics note that concerns over cognitive fitness have followed Trump as well, with reports of fatigue and limited public appearances during his second term.
Despite the legal questions, Trump’s announcement is consistent with his history of bold, provocative moves and leaving the courts to sort out the consequences.
