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President Trump officially nullifies Biden’s 11th-hour pardons of Cheney, Fauci, and January 6 committee members after discovering they were signed with an autopen, not Biden’s authentic signature.
At a Glance
- Trump declared Biden’s pardons “void, vacant and of no further force or effect” because they were signed using an autopen device rather than by Biden himself
- The Heritage Foundation had previously raised concerns about Biden’s use of autopens, noting identical signatures across multiple documents
- Biden issued preemptive pardons to Liz Cheney, Anthony Fauci, Mark Milley, and January 6 committee members on his last day in office
- Trump suggested the Justice Department may investigate and prosecute these individuals despite Biden’s attempted pardons
- Constitutional experts note that presidential pardon power is traditionally seen as absolute, with courts generally reluctant to impose limits
Trump Invalidates Biden’s Last-Minute Pardons
President Trump has officially declared that the pardons issued by Joe Biden during his final hours in office are “void, vacant and of no further force or effect” due to their alleged signing with an autopen rather than Biden’s actual signature. The contested pardons cover several of Trump’s political opponents, including former congresswoman Liz Cheney, retired general Mark Milley, and infectious diseases expert Anthony Fauci, along with members of the January 6 House select committee who had previously investigated the Capitol events. Trump’s declaration represents an unprecedented challenge to presidential pardon powers, which are traditionally considered among the most absolute authorities granted by the Constitution.
In his statement, Trump was unequivocal about his position regarding these controversial pardons, stating: “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.” This bold assertion directly challenges the legality of Biden’s actions and sets up a potential constitutional showdown over the limits of presidential authority and whether one president can invalidate the pardons of a predecessor based on the method of signature used.
🚨🇺🇸REP CHIP ROY WANTS CHENEY, FAUCI AND MILLEY TO TESTIFY DESPITE BIDEN PARDONS
Rep. Chip Roy is pushing to bring Liz Cheney, Anthony Fauci, and Mark Milley before Congress to “test the constitutional reach” of Biden’s pardons.
The move challenges whether Biden’s sweeping… https://t.co/BSFAx83qqs pic.twitter.com/UJRtH4xV6W
— Mario Nawfal (@MarioNawfal) January 20, 2025
Questions Over Biden’s Awareness and Autopen Use
Beyond challenging the validity of the pardons based on the autopen usage, Trump raised serious concerns about Biden’s actual involvement in issuing them. “He knew nothing about them, and the people that did may have committed a crime,” Trump stated, suggesting that Biden’s declining cognitive capacity may have been exploited by staff members to push through last-minute pardons without the president’s full understanding or consent. The Conservative Heritage Foundation previously highlighted concerns about Biden’s use of autopens, pointing to identical signatures appearing on multiple documents, raising questions about who was actually making decisions in the final days of the administration.
“President Donald Trump has said that Joe Biden’s 11th-hour pardons of members of Congress who investigated the January 6 attack are ‘void, vacant and of no further effect,’” reported Newsweek, highlighting the unprecedented nature of a president challenging his predecessor’s exercise of constitutional powers.
The autopen, a device that mechanically reproduces signatures, has been used by various officials for routine matters but rarely for constitutional actions of such significance. Legal scholars have pointed out that while presidents have used autopens for signing legislation since the Obama administration, their use for presidential pardons creates a unique constitutional question that has not been previously tested in courts. The controversy underscores the ongoing tensions between the administrative efficiency offered by modern technology and the constitutional requirements for presidential authority.
Constitutional Questions and Future Implications
Trump acknowledged that the ultimate determination of whether Biden’s pardons can be voided would likely fall to the courts. “It’s not my decision,” Trump told reporters while traveling on Air Force One, indicating that the Justice Department could potentially proceed with investigations or charges against the pardoned individuals while the legal questions are resolved. This approach sets up a potential constitutional crisis if federal prosecutors attempt to pursue cases against individuals who believed they were protected by presidential pardons, regardless of how those pardons were executed.
“Speaking to reporters onboard Air Force One, Trump said ‘it’s not my decision’ whether Biden’s pardons can be voided, and that it would ultimately be up to the courts.”
The Constitution grants the president broad pardon power with few explicit limitations, making Trump’s challenge unprecedented in American history. Legal experts note that a federal appeals court has previously ruled that presidential pardons do not need to be in writing to be effective, potentially complicating arguments based solely on signature methods. Critics warn that establishing a precedent where one president can invalidate another’s pardons based on procedural technicalities could lead to dangerous erosion of constitutional powers, with each administration potentially attempting to undo the clemency actions of its predecessors.
Despite these concerns, Trump has argued that the committee members are guilty of “major crimes,” suggesting that their investigations into the January 6 events were politically motivated and that they destroyed evidence unfavorable to their narrative. With Trump now back in office and equipped with a Justice Department under his administration, the coming months may see a significant legal battle over the limits of presidential pardon powers and whether those pardoned by Biden will actually remain protected from prosecution.