In brief
An investigation into former President Trump's claims regarding President Biden's pardons being void reveals no evidence supporting the assertion. Experts and documents confirm that many pardons were signed by hand and that signatures made via autopen do not affect their legality.
Former President Donald Trump recently claimed that several pardons granted by President Joe Biden are "void" because they were signed using an autopen, a device that reproduces signatures. This claim was made on Truth Social but failed to present any evidence. Fact-checking organizations, including BBC Verify, have since investigated and found that Biden has indeed signed key pardons by hand.In his post, Trump did not clarify which pardons he referred to, although he has historically described the inquiry into the January 6 insurrection as the "unselect committee." He further criticized Biden regarding pardons extended to family members. Nonetheless, an analysis of Biden’s signing practices revealed multiple instances where he is pictured signing pardons in person, including for individuals serving time for marijuana possession.CNN reported that Biden did use an autopen for signing a bill related to federal aviation funding but stated that it is yet to be determined whether he has solely used this device for any pardons. Additionally, Trump appears to have echoed assertions made by the Heritage Foundation, a conservative think tank, which argues that several of Biden's pardons bear autopen signatures.Legal voices weighed in, asserting that US law does not invalidate pardons simply because they were not handwritten. Autopen signatures have been routinely used by many past presidents for a variety of documents, including President Obama’s use in 2011 and former Presidents John F. Kennedy and Harry Truman as well.Experts posit that any effort by Trump to challenge Biden's pardons on these grounds would likely face significant legal barriers and would represent a serious departure from constitutional norms. A review of historical instances reveals that revoking a predecessor's pardons is an exceedingly rare occurrence, further complicating any potential legal maneuvering on this front. As investigations into this matter continue, including queries sent to Biden's office for clarification on his use of the autopen, it remains to be seen how this controversy will evolve in the political landscape.
