On Monday, Donald Trump claimed—without evidence—that pardons issued by Joe Biden were “void, vacant, and of no further force or effect” because they were signed using an autopen.
According to Merriam-Webster, an autopen is a device that mechanically reproduces a person’s signature.
Trump made this assertion on his social media platform, using derogatory nicknames for Biden and members of the House January 6 committee. He wrote, “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.” He further suggested that Biden was unaware of the pardons.
While aboard Air Force One on Sunday, Trump reiterated his stance to reporters, stating that while the courts would decide, he believed the pardons were invalid because Biden “didn’t have any idea it was taking place.” His claim followed a report by the pro-Trump Heritage Foundation, which argued that “whoever controlled the autopen controlled the presidency.”
However, fact-checking site Snopes debunked the claim, highlighting that presidents have long used mechanical aids to sign documents.
The Smithsonian noted that since Thomas Jefferson’s time, presidents have employed such devices, with Harry Truman being the first to use an autopen after World War II. The practice remained discreet until Gerald Ford’s administration acknowledged it.
In modern times, Barack Obama also used an autopen for official documents, including a 2011 Patriot Act extension and a 2013 bill to prevent a financial crisis. Trump himself has reportedly used an autopen for signing campaign memorabilia.
Legal precedents indicate that a president is not required to personally sign pardons, with a 1929 Justice Department ruling affirming that the method of issuance is solely up to the president. In 2023, a federal court ruled that pardons do not even need to be in writing.
On his last day in office, Biden granted preemptive pardons to family members and all members of the House committee that investigated the January 6 attack on Congress, including Republicans Liz Cheney and Adam Kinzinger. Trump, again without evidence, alleged that Biden was unaware of the pardons and that those involved “may have committed a crime.” He also accused the committee of destroying records, calling for an investigation.
Committee members dismissed Trump’s claims. Former chair Bennie Thompson told Axios he was “not afraid of Trump’s latest midnight rant,” while Kinzinger sarcastically responded, “Please! You guys have been threatening this forever! Bring it on, it’s getting boring waiting.” Despite the dismissals, concerns persist over potential retaliatory investigations by a future Trump administration, particularly against government officials and lawyers involved in his criminal cases.
