In brief
A recent claim by former President Donald Trump that many pardons issued by President Joe Biden are void because Biden signed them with an autopen, a signature reproduction device, has been scrutinized and found lacking credibility. Trump made his comments on Truth Social, declaring that these pardons are “void, vacant, and of no further force or effect,” and suggested that Biden was not aware of the pardons he issued. However, investigations by BBC Verify have revealed contradictions to Trump's claims.
Evidence gathered from various official photographs, including those published by the White House, indicates that Biden has indeed signed a significant number of pardons by hand. For instance, Biden was recently photographed signing a pardon for individuals convicted of marijuana possession, among others. The investigation further established that there is no definitive evidence that Biden has issued any pardons solely using an autopen.Trump's assertions appear to be drawn from the work of the Oversight Project, a conservative think tank associated with The Heritage Foundation. They claim that Biden's pardons issued on January 19, which notably include those related to family members and public figures, bear the same autopen signature. Yet, when these claims were compared to documentation stored in the Federal Register—a daily publication that archives all presidential documents—it was noted that both Trump and Biden’s signatures appeared uniform, leading to questions about the factual basis for these declarations.Legal experts also chimed in on this matter, clarifying that no U.S. law renders pardons invalid simply because they might be signed using an autopen. Historical precedent indicates that such devices have been used by previous presidents, including Barack Obama and John F. Kennedy, without challenge to the legality of their signatures. A 2005 memo from the Department of Justice further affirms that a president can direct a subordinate to sign a document on their behalf.In terms of the potential for Trump to rescind Biden's pardons, experts have expressed that such actions would violate constitutional norms. Additionally, it would be unprecedented for a president to revoke a predecessor’s pardons, a rarity in U.S. history. The only notable instance occurred during Andrew Johnson's presidency, where revocations were made before acceptance.In summary, while the debate surrounding the use of autopen is ongoing, the overarching consensus amongst legal scholars and fact-checkers is that Trump’s claims regarding the invalidity of Biden's pardons lack both legal foundation and evidence in fact.
