Donald Trump has announced he is 'terminating' all documents signed by Joe Biden using an autopen, including pardons, in an unprecedented move that legal experts say rests on shaky constitutional ground. The autopen, a device that replicates a person's signature, has been used by presidents of both parties for high-volume or ceremonial documents.
Trump's declaration on Truth Social stated that any pardons, commutations, or other legal documents signed via autopen are 'fully and completely terminated' and of no legal effect. However, legal scholars broadly agree the Constitution does not require a president to physically sign many documents, including pardons, and federal law lacks a mechanism for overturning a predecessor's pardon.
The move targets pardons issued by Biden before leaving office in January, including for family members such as his brothers and sister, as well as commutations for nonviolent drug offenders. Notably, the pardon of Hunter Biden is exempt as he signed it with a pen. Other figures affected include Dr Anthony Fauci, retired General Mark Milley, and members of the January 6 committee.
Trump has repeatedly questioned Biden's mental fitness and suggested aides made key decisions, claims denied by Biden's team. The use of autopens dates back to Thomas Jefferson, and the George W Bush administration argued it equates to a president's signature for legal purposes. Trump's action is likely to face legal challenges, as courts have not previously ruled on autopen validity.
