Donald Trump asserts that Joe Biden’s pardons related to the January 6 committee are “void” since the former president utilized an “autopen” to authorize them.
For decades, presidents—including Trump—have employed autopens to sign various documents and correspondence.
One legal expert suggests that by bringing attention to this issue, Trump is potentially subjecting himself to future complications.
Here’s what is currently known.
What is an autopen?
An autopen is a device that automatically replicates a person’s signature.
The machine grips a pen or other writing tool to create a signature after a sample has been inputted.
This enables notable individuals—like celebrities or politicians—to sign numerous documents daily without their direct involvement or even presence.
Harry Melkonian, a practicing lawyer and honorary associate at the United States Studies Centre, states it is impossible to distinguish whether a signature is from an autopen.
“It’s a clean, authentic signature,” he remarked.
Loading…
What has Trump been saying?
On Monday, U.S. time, Trump expressed concerns regarding autopens in connection to the pardons issued by his successor concerning the congressional committee that probed the January 6 Capitol riot.
Biden granted the “pre-emptive pardons” at the conclusion of his presidency to safeguard certain lawmakers and staff from potential backlash from Trump.
However, in a post on his Truth Social platform, Trump stated in all caps that the pardons were “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT,” claiming that Biden signed them using an autopen instead of his own hand.
“In essence, Joe Biden did not sign them, but more importantly, he was not even aware of them!” Trump contended.
Conservative voices have recently criticized Joe Biden’s use of autopens. (Jonathan Hordle/Pool Photo via AP)
What evidence does Trump have?
Trump has not provided any evidence to substantiate his claims, nor has the White House.
When asked if Trump had the legal authority to invalidate pardons signed via autopen, press secretary Karoline Leavitt questioned Biden’s knowledge of the pardons in the first place.
“The president raised the question of whether the president was even aware of these pardons,” she stated.
“Was his legal signature applied without his consent or knowledge? And this isn’t just the president or I who are raising those questions.”
She referenced recent reporting from the New York Post, which quoted two unnamed aides from the Biden White House speculating about possible misuse of the autopen during his administration.
When pressed for evidence, Leavitt told reporters at the daily briefing: “You’re a reporter. You should investigate.”
Dr. Melkonian maintains that there is no evidence to back Trump’s claims, but if pardons were indeed signed without Biden’s knowledge, it would signify a “constitutional failure.”
While the 25th amendment permits the cabinet to relieve a president of authority, Dr. Melkonian notes that this has never been acted upon.
“Trump is greatly exaggerating the Biden situation,” he stated.
“Disagreeing with Joe Biden’s actions does not imply he was mentally incompetent. There’s a significant distinction.”
The Associated Press (AP) reported that a representative for Biden declined to comment.
How long have presidents been using autopens?
Presidents have been utilizing autopens for many years, as noted by Dr. Melkonian.
“Donald Trump has acknowledged his use of it,” he said.
Barack Obama was the first president to use an autopen to sign a law in May 2011 when he authorized an extension for the Patriot Act.
While in France for official duties and with time expiring before the law lapsed, he approved the use of the autopen.
Recently, however, certain conservative groups have criticized Biden’s employment of the device.
The Oversight Project—part of the conservative think tank The Heritage Foundation—stated that they have analyzed thousands of pages bearing Joe Biden’s signature and discovered that a majority were produced by autopen.
The executive director of the project, Mike Howell, also claimed that some of Biden’s pardon documents indicated signatures were made in Washington on days when he was not present.
Donald Trump is frequently captured manually signing documents. (AP Photo/Evan Vucci)
What are the laws around autopens?
There are no specific laws governing a president’s use of an autopen.
A memo from the Justice Department in 2005 indicated that the president is not required to physically sign a bill for it to become law.
The Constitution does not specify that pardons must be written, and autopen signatures have previously been utilized for significant presidential actions.
Regarding whether pardons need to be in writing or signed by the president personally, the U.S. Court of Appeals for the Fourth Circuit has noted that “the plain language of the Constitution does not impose such a limitation.”
Furthermore, a solicitor general’s guidance on pardons issued back in 1929 stated, “neither the Constitution nor any statute prescribes the method by which executive clemency shall be exercised or evidenced.”
However, Donald Trump, who is accustomed to signing executive orders on camera with his signature marker, mentioned that autopens should only be reserved for “very unimportant papers.”
“We might use it, for instance, to send a nice letter to a young person,” he informed reporters on Air Force One.
“But utilizing an autopen for pardons and other significant documents is disgraceful.”
Can Trump void Biden’s pardons?
No, he cannot, according to Dr. Melkonian.
“He lacks that authority,” he stated.
“This would require a Supreme Court ruling… and I sincerely doubt the court would engage in this matter.”
In fact, Dr. Melkonian noted that most presidents tend to avoid criticizing the pardons granted by their predecessors.
“Because they might find themselves in a similar position,” he remarked.
“I’m unclear as to why Trump is pursuing this. All he’s doing is setting himself up for scrutiny.”
ABC/AP
