President Trump took to social media on Sunday night to announce that he no longer recognized the pardons granted by his predecessor to members of the bipartisan House committee that investigated the Jan. 6, 2021, attacks on the Capitol. He also questioned the validity of pardons given to individuals he views as his political adversaries, citing their use of an autopen device for signature.
While there is no legal precedent for reversing a pardon, regardless of how it was signed, Trump’s unsubstantiated claims align with a right-wing conspiracy theory against former President Joseph R. Biden Jr. This statement underscores Trump’s disregard for democratic principles by suggesting he has the authority to determine the nation’s laws at his whim.
In a social media post, Trump declared, “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.” These comments reflect his ongoing desire for retribution.
Despite the controversy surrounding the autopen, its use in governance has been largely accepted. The practice was first employed in 2011 by President Barack Obama to sign legislation while abroad, setting a precedent for future administrations.
Following Trump’s online comments on the autopen and pardons, a reporter on Air Force One pressed him for clarification. Trump appeared to backtrack slightly from his previous claims.
When asked if other actions signed by President Biden using an autopen would also be deemed invalid, Trump responded, “It’s not my decision. That would be up to a court. But I would say that they’re null and void, because I’m sure that Biden didn’t have any idea that it was taking place.”
In the waning hours of Biden’s presidency, he issued preemptive pardons to various individuals, including members of the Jan. 6 committee, Liz Cheney, Gen. Mark A. Milley, and Dr. Anthony S. Fauci, prompting speculation and conspiracy theories online.
Fueling these theories were rumors that Biden’s staff was using the autopen to carry out undisclosed actions without his knowledge. A meme on Trump’s Truth Social profile depicting an autopen in place of Biden’s portrait further stoked these claims.
Devlin Barrett contributed reporting.