President Trump’s attempt to nullify Biden-era autopen pardons faces significant legal and historical hurdles. While Trump claims these pardons are “void” because Biden allegedly didn’t personally sign them, under current legal precedents and constitutional interpretation.
### Key Facts
1. :
The Justice Department has previously ruled that presidents can direct subordinates to sign documents via autopen . Courts have never invalidated a pardon based on signature method, and a 2024 federal appeals court emphasized that the Constitution imposes .
2. :
While Trump claims Biden was unaware of the pardons, there is to support this. Photographic proof shows Biden signing some pardon documents, and past presidents (including Trump) have similarly used autopens for executive actions.
3. :
Biden’s pardons for individuals like Dr. Fauci and January 6 committee members , creating ambiguity about whether courts would treat these differently from traditional clemency.
### Likelihood of Success
– like Kimberly Wehle (University of Baltimore) argue Trump’s challenge would likely fail, as courts have consistently deferred to presidents’ broad clemency powers.
– Revoking a predecessor’s pardons would , inviting chaotic legal battles and eroding public trust in executive authority.
### Trump’s Motivations
The move appears politically driven, targeting Biden allies like Liz Cheney and Hunter Biden while aligning with Heritage Foundation-linked efforts to question Biden’s mental acuity. Trump’s own during his presidency undermines his argument.
In conclusion, while Trump’s threats may energize his base, the suggests Biden’s pardons will remain intact. Courts are unlikely to upend settled constitutional norms over signature mechanics without clear evidence of fraud – which has not been provided.
