President Donald Trump on Tuesday declared that any pardons, commutations or other official documents signed with an autopen during Joe Biden’s presidency are “terminated,” issuing a sweeping statement that, if enforced, would disrupt a long-standing executive practice.
In a post on Truth Social, Trump wrote:
“Any and all Documents, Proclamations, Executive Orders, Memorandums, or Contracts, signed by Order of the now infamous and unauthorized ‘AUTOPEN,’ within the Administration of Joseph R. Biden Jr., are hereby null, void, and of no further force or effect. Anyone receiving ‘Pardons,’ ‘Commutations,’ or any other Legal Document so signed, please be advised that said Document has been fully and completely terminated, and is of no Legal effect. Thank you for your attention to this matter!”
Why It Matters
An autopen is a mechanical device that reproduces a person’s signature with high accuracy and is frequently used for high-volume or ceremonial signings. Presidents from both major parties have used autopens to sign letters and some official proclamations.
Trump and his allies have repeatedly claimed—without evidence—that Biden’s use of the autopen as president undermined the validity of actions taken during his administration or indicated Biden was not fully engaged in decision-making. It is not publicly known whether Biden relied on the autopen to sign clemency documents such as pardons or commutations.
Before leaving office in January, Biden granted several pardons — including to family members he said he wanted to protect from politically motivated investigations — and commuted the sentences of a number of nonviolent drug offenders. Trump, a frequent critic of political opponents, has repeatedly pointed to Biden’s reported use of the autopen to cast doubt on documents approved during the previous administration.
What To Know
Trump has also regularly attacked Biden’s mental fitness, suggesting that aides, not the president himself, drove key White House decisions. Biden and former administration officials have rejected those claims, insisting he remained directly involved in governing.
On Friday, Trump wrote on Truth Social that he was canceling all executive orders he says were signed by Biden via autopen, claiming that method accounted for roughly 92 percent of the orders issued during Biden’s term.
Legal experts, however, have pushed back on Trump’s assertion. Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan under the Barack Obama administration, told Newsweek that autopen signatures are considered valid and that the method used to sign an executive order does not affect its legitimacy.
What Happens Next
How Trump’s directive will be enforced in practice remains uncertain, and it is not yet clear whether federal agencies will attempt to follow it as written. Legal scholars say any attempt to nullify previously granted pardons or commutations would almost certainly face immediate court challenges, given that the president’s clemency authority is rooted directly in the Constitution and past administrations have accepted the use of autopens.
People who received pardons or commutations under Biden may seek formal reassurance that their clemency remains valid. Meanwhile, the Justice Department and the White House counsel’s office are expected to review Trump’s proclamation. Ultimately, the courts may be asked to decide whether Trump’s declaration has any legal effect.
