(NewsNation) — President Donald Trump said former President Joe Biden’s preemptive Jan. 6 Select Committee pardons, among others, are “hereby declared void, vacant” because Biden may have used an autopen, a device that replicates a signature.
“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them! The necessary Pardoning Documents were not explained to, or approved by, Biden,” Trump said on social media.
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Trump’s accusations echo an argument made by conservative thinktank Heritage Foundation, which recently compared Biden’s signatures throughout his presidency as evidence of autopen usage.
What is an autopen?
Trump has claimed Biden relied heavily on an autopen — a mechanical device replicating his signature, similar to a stamp — for crucial documents like executive orders and pardons.
The device is something celebrities often use for autographs to fans. Trump argues Biden’s alleged cognitive decline raises concerns about whether he was fully aware of what he was signing.
Trump, in the social media post, suggested members of the Jan. 6 Select Committee were “probably responsible for the Documents that were signed on their behalf without the knowledge or consent” of Biden.
Did Biden use an autopen?
Investigators from the Heritage Foundation’s oversight project shared photos showing identical signatures on multiple executive orders signed by Biden, suggesting the use of an autopen.
The group also points to the timing of orders — specifically, pardons from 2022 dated in D.C., though Biden was publicly vacationing in the U.S. Virgin Islands at the time.
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The pardons seemingly signed while Biden was on vacation include people convicted of charges including underage drinking, selling alcohol without tax stamps, distribution of marijuana and second-degree murder.
Officials have neither confirmed nor denied the use of an autopen at this time. If Biden did use an autopen, it’s unknown who operated it and whether Biden personally authorized each signature made by it.
Do pardons have to be written and signed?
No, a pardon doesn’t need to be put in writing for it to be valid. A 2024 federal appeals court decision asserted: “The plain language of the Constitution imposes no such limit” on pardons.
President George W. Bush’s Department of Justice penned a 29-page opinion deeming the tech constitutional, though the elder Bush reportedly never used it.
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The autopen has been around — and in use by the country’s chief executive — for decades.
The 1965 book “The Robot That Helped to Make a President” points to former President John F. Kennedy’s use of the technology.
According to previous Politico reporting, former President Barack Obama used the device to sign an extension of the Patriot Act in May 2011 as he was attending the G-8 Summit in France.
Could autopen accusations void Biden pardons?
Biden’s pardons can’t be voided over autopen use, at least not by Trump’s will alone.
“It’s not my decision — that’ll be up to a court — but I would say that they’re null and void, because I’m sure Biden didn’t have any idea that it was taking place, and somebody was using an autopen to sign off and to give pardons,” Trump told reporters aboard Air Force One on Sunday night, Bloomberg reported.
