Trump moves to nullify Biden’s pardons, citing autopen controversy

Former U.S. President Donald Trump announced on Monday that he was revoking pardons granted by his predecessor, Joe Biden, arguing that they were invalid because Biden allegedly used an autopen, a device that automatically signs documents.

It remains uncertain whether Trump has the legal authority to overturn presidential pardons issued before his tenure. Revoking pardons is extremely rare in U.S. history, and this move could once again test the limits of Trump’s executive power as he targets his political opponents.

Trump asserted that Biden’s use of an autopen made the pardons legally ineffective.

“The pardons are hereby declared void, vacant, and of no further force or effect because of the fact they were done by Autopen,” Trump posted on his Truth Social platform. However, he provided no evidence that an autopen was used or that its use would render the pardons invalid.

Autopens have been commonly used by U.S. presidents for decades, including for signing legislation into law. However, Trump and his allies, including those associated with the right-wing policy group Project 2025, have used the issue to cast doubt on Biden’s presidency.

Before leaving office, Biden granted pardons to former Republican lawmaker Liz Cheney and other members of the congressional committee that investigated the January 6, 2021, Capitol riot and Trump’s efforts to overturn the 2020 election.

The pardons served as a protective measure against Trump’s repeated threats of political retribution if he returned to power.

Acknowledging the legal uncertainty surrounding his decision, Trump told reporters on Monday, “I think so. It’s not my decision, that’ll be up to a court,” when asked if all documents signed by Biden using an autopen should be considered void. However, he warned on Truth Social that the committee members “should fully understand that they are subject to investigation at the highest level.”

Legal experts speaking to Axios suggested that even if Trump’s challenge fails in court, the damage would already be done, as those affected would be forced into lengthy legal battles.

Biden also granted preemptive pardons to several figures who had been publicly criticized by Trump, including former COVID-19 advisor Anthony Fauci, retired General Mark Milley, and even his own son, Hunter Biden.

Since taking office in January, Trump has issued multiple pardons of his own, including for approximately 1,500 individuals convicted in connection with the January 6 Capitol attack, reinforcing his pledge to protect his supporters while pursuing legal action against his adversaries.