Trump Claims Biden’s Pardons Are Invalid Due to Autopen

Mar. 17, 2025, 11:44 am ET

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  • President Trump claims that President Joe Biden’s pardons for the Jan. 6 committee members are “void, vacant, and of no future force of effect.”
  • Trump argues that the use of an autopen for the pardons invalidates them.
  • Experts doubt Trump’s rationale, citing historical precedent and the unlimited nature of presidential pardon power.

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Quick Brief

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Essential Context

In a recent post on his Truth Social network, President Trump declared that President Joe Biden’s preemptive pardons for members of the Jan. 6 Select Committee and other individuals are invalid. Trump’s claim is based on the alleged use of an autopen to sign the pardon documents.

Core Players

  • Donald Trump – President Trump of the United States
  • Joe Biden – President of the United States
  • Jan. 6 Select Committee – Congressional committee investigating the January 6, 2021, Capitol attack
  • Liz Cheney – Former U.S. Representative and member of the Jan. 6 Select Committee
  • Mark Milley – Retired U.S. Army General
  • Anthony Fauci – Former NIAID Director

Key Numbers

  • 2021: Year of the January 6 Capitol attack
  • 2025: Year Trump made the claim about the pardons
  • March 17, 2025: Date of Trump’s statement

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The Catalyst

Trump’s claim that Biden’s pardons are void stems from his assertion that the use of an autopen, a machine that replicates a person’s signature, invalidates the pardons. He also suggested that the committee members might have been responsible for the documents being signed without Biden’s knowledge.

“There’s no magic in the mechanism of a pardon,” said Kimberly Wehle, a University of Baltimore law professor, emphasizing that the method of signing does not affect the validity of a pardon.

Inside Forces

Trump’s statement is part of a broader context where he has been critical of the Jan. 6 Select Committee and its members. He has previously threatened to investigate or jail those who opposed him, prompting Biden to issue preemptive pardons to protect them.

Experts argue that Trump’s claim is unlikely to hold up in court, given the historical use of autopen signatures by presidents and the established precedent that presidential pardons are final and binding.

Power Dynamics

The power dynamics at play involve Trump’s ongoing influence within the Republican Party and his ability to shape public discourse. However, his claims are met with skepticism by legal experts who point to the constitutional and historical basis of presidential pardon power.

Rep. Bennie Thompson, who chaired the Jan. 6 committee, responded to Trump’s claims, saying, “I am not afraid of Trump’s latest midnight rant that has no basis in reality.”

Outside Impact

The broader implications of Trump’s claims include the potential for legal challenges and the ongoing polarization of American politics. The use of autopen signatures has been a practice accepted by previous administrations, including a 2005 memorandum from the Bush Justice Department’s Office of Legal Counsel.

The public and political reactions highlight the deep divisions within the country, with some viewing Trump’s actions as an attempt to undermine the legitimacy of the Jan. 6 committee and others seeing them as a baseless attack.

Future Forces

Looking ahead, the legal and political fallout from Trump’s claims will likely be significant. If Trump were to pursue legal action, it could set the stage for a high-profile court battle over the validity of presidential pardons.

Regardless of the legal outcome, the political impact is already being felt, with both sides digging in and reinforcing their positions in the ongoing political divide.

Data Points

  • 2005: Year of the Bush Justice Department’s Office of Legal Counsel memorandum on autopen signatures
  • January 6, 2021: Date of the Capitol attack
  • March 17, 2025: Date of Trump’s statement on the pardons
  • Historical precedent: Other presidents have used autopen signatures for pardons and other official documents

The dispute over the validity of Biden’s pardons highlights the ongoing tensions and legal challenges in American politics. As the situation unfolds, it will be crucial to watch how the courts and the public respond to these claims.