Trump Seeks to Nullify Biden’s Autopen-Signed Decrees

Former President Donald Trump announced a sweeping declaration on Tuesday, asserting his intention to invalidate all documents, including presidential pardons, that he claims his successor, Joe Biden, signed using an autopen device. This unprecedented move represents a novel attempt to retroactively undo a sitting president’s official actions, based on what many legal experts consider a legally questionable premise.

A Novel Legal Challenge

Trump’s pronouncement targets a wide array of official papers, arguing that any document bearing an autopen signature from the Biden administration lacks legal standing. This includes significant presidential pardons issued during Biden’s tenure. The former president articulated his position on Truth Social, stating, “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.”

This challenge seeks to roll back actions that have long been considered settled, potentially creating a chaotic legal precedent if it were to gain traction. The core of Trump’s argument hinges on the method of signature rather than the content or legality of the actions themselves.

The Autopen and Presidential Precedent

An autopen is a mechanical device designed to precisely replicate a person’s signature. It is frequently employed for documents requiring high volume or ceremonial signing, such as letters, photographs, or proclamations. Its use by U.S. presidents is not new; leaders from both major political parties have historically utilized autopens for various official communications, a practice generally accepted as a practical necessity in modern governance.

Legal Scholars Weigh In

Despite Trump’s assertions, legal scholars largely concur that the U.S. Constitution does not mandate a president to physically sign many official documents, including pardons, with their own hand for them to be legally binding. As reported by PolitiFact, there is broad agreement on this interpretation. Furthermore, federal law currently provides no established mechanism for a sitting or former president to unilaterally overturn a predecessor’s pardon. Trump and his allies have repeatedly advanced unsubstantiated claims that Biden’s use of an autopen invalidates his executive actions or indicates a lack of full awareness regarding those actions.

It remains unconfirmed whether President Biden specifically utilized an autopen for any of the pardons he issued.

Targeted Actions and Exceptions

Before leaving office in January, President Biden granted several pardons and commuted numerous sentences. These included pardons for family members—specifically his two brothers and his sister—whom he stated he wished to shield from what he viewed as politically motivated investigations. He also commuted sentences for a number of nonviolent drug offenders.

Curiously, Trump’s attempt to nullify these actions would not extend to President Biden’s son, Hunter Biden. According to Fox News, Hunter Biden’s pardon is known to have been signed by the president with a traditional pen. However, the same outlet anticipates that Trump’s proposed action could impact other prominent figures pardoned by Biden, including Dr. Anthony Fauci, retired Gen. Mark Milley, certain members of the House committee that investigated the January 6th attack on the U.S. Capitol, and former Republican representatives L…

Trump’s declaration sets the stage for a potential legal and political battle, challenging established norms of presidential authority and the legal finality of executive actions.

Source: The Guardian