In a dramatic escalation of the political battle over presidential legitimacy, Donald Trump has moved to revoke every executive order signed by Joe Biden using an autopen device. The former president declared all such orders "illegal" in a Truth Social post on Friday, throwing the status of hundreds of presidential actions into question.
The Autopen Controversy Explained
Donald Trump announced he is "canceling all executive orders, and anything else that was not directly signed by Crooked Joe Biden", claiming that staff who operated the autopen device acted unlawfully. The Republican specifically threatened that if Biden claims involvement in the autopen process, he would face perjury charges.
During his presidency, Joe Biden signed 162 executive orders, with many of the most controversial actions involving the autopen. Among these were pardons for Dr. Anthony Fauci, General Mark Milley, and members of the January 6 committee. The device, which replicates signatures mechanically, has been used by presidents from both parties, including Trump himself.
Contentious Pardons and Family Connections
The controversy intensified during Biden's final months in office, particularly concerning pardon decisions. On his last full day as president, Biden pardoned several family members including James B. Biden, Sara Jones Biden, Valerie Biden Owens, John T. Owens, and Francis W. Biden - all signed via autopen.
The only hand-signed pardon during Biden's final months was granted to his son, Hunter Biden, making it particularly contentious. The 83-year-old Democrat maintains he personally authorised every single pardon and commutation where the autopen was used, though Trump argues the device should be reserved for lower-level orders rather than significant actions like pardons.
Congressional Investigation Findings
The Republican-led House Oversight Committee last month requested the Justice Department review all of Biden's executive orders. Their report described a deeply "flawed process" resembling a "presidential pardon game of telephone" within the Biden White House.
Investigators uncovered what they termed a "lax" chain of command that relied heavily on secondary and tertiary information passed along by decision-makers who weren't present in key meetings. The report specifically highlighted "clemency actions taken in the final days of the Biden presidency" as the "most flagrant" examples of procedural failures.
One revealing instance detailed former White House Chief of Staff Jeff Zients admitting that not all presidential decisions were formally documented. The pardons for Biden family members were communicated second-hand to Zients' aide, Rosa Po, who then informed Zients. He subsequently "verbally authorised the use of the autopen from home" without knowledge of who actually executed the signatures.
Acting through his aide's email, Zients approved the autopen's use for clemency actions without directly confirming with President Biden that these reflected his actual wishes. Due to concerns about the president's mental state and this opaque approval process, the Committee has deemed all autopen-signed executive actions lacking direct, written presidential consent as invalid.
Legal Implications and Ongoing Reviews
Attorney General Pam Bondi confirmed in October that her team was "reviewing the Biden administration's reported use of autopen for pardons." While presidents may legally undo executive orders signed by predecessors, including pardons, there remains significant legal uncertainty about retracting clemency after it has been formally granted.
The constitutional clash highlights unprecedented questions about presidential authority and the mechanisms of executive power, setting the stage for potential legal battles that could redefine the boundaries of presidential action for future administrations.
