Trump says Biden’s pardons are ‘void’ and ‘vacant’ because of Autopen

President Joe Biden arrives before the inauguration of Donald Trump as the 47th president in the Rotunda at the Capitol in Washington on Monday morning, Jan. 20, 2025. Biden pardoned five members of his family in his last minutes in office, saying in a statement that he did so not because they did anything wrong but because he feared political attacks from incoming President Donald Trump. (Kenny Holston/The New York Times)
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President Donald Trump wrote on social media Sunday night that he no longer considered valid the pardons his predecessor granted to people whom Trump sees as political enemies because they were signed using an autopen — a typically uncontroversial method of affixing a presidential signature.

Trump, who specifically took aim at the pardons granted to members of the bipartisan House committee that investigated the Jan. 6, 2021, attack on the Capitol, offered no evidence for his claim, and there is no power in the Constitution or case law to undo a pardon. But Trump’s assertion, which embraced a baseless right-wing conspiracy theory about former President Joe Biden, was a new escalation of his antidemocratic rhetoric.

Implicit in his post was Trump’s belief that the nation’s laws should be whatever he decrees them to be. And it was a jolting reminder that his appetite for revenge has not been sated.

“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 in a post on social media Sunday night. “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!”

The use of an autopen is not new; it apparently was first used to sign a bill into law at the direction of a president in 2011, when President Barack Obama was traveling in Europe and wanted to sign a piece of legislation that Congress passed extending the Patriot Act another four years.

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