In a shocking turn of events, US President Donald Trump has made a bold claim that the pardons granted by his successor, Joe Biden, to several individuals involved in the January 6th insurrection, are effectively ‘void’ due to the use of an autopen. This assertion comes as the Biden administration continues to face intense scrutiny over its handling of these pardons, which have sparked controversy and raised questions about presidential power and the rule of law. As the drama unfolds, it’s clear that the stakes are high and the consequences of Trump’s claim could be far-reaching, leaving many to wonder what this means for the ongoing investigation into the January 6th attacks and the fragile balance of power in the US government.
Trump claims Biden’s pardons for Jan. 6 committee are ‘void’ because he used an autopen – Themarketactivity
President Donald Trump claimed without evidence early Monday that his predecessor’s pardons for members of the House select committee that investigated the Jan. 6, 2021, attacks on the Capitol are invalid because then-President Joe Biden didn’t use a real pen.
“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen,” Trump wrote on Truth Social.
Trump went on to allege that Biden didn’t know about the pardons or approve them and that therefore all the committee members would be “subject to investigation at the highest level.” However, the U.S. Constitution makes it clear that the president has unique executive powers to issue pardons and makes no provision for subsequent presidents to rescind them — for issues relating to the choice of pen or anything else.
The Legal Background
According to 2005 guidance from the Office of Legal Counsel at the Justice Department commissioned by President George W. Bush, “The President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law.” The guidance hasn’t been challenged in court.
Obama used an autopen for dozens of pardons in 2016, said Jeffrey Crouch, a politics professor at American University and author of the book “The Presidential Pardon Power.”
Source Information
President Donald Trump claimed without evidence early Monday that his predecessor’s pardons for members of the House select committee that investigated the Jan. 6, 2021, attacks on the Capitol are invalid because then-President Joe Biden didn’t use a real pen.
“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen,” Trump wrote on Truth Social.
Trump went on to allege that Biden didn’t know about the pardons or approve them and that therefore all the committee members would be “subject to investigation at the highest level.” However, the U.S. Constitution makes it clear that the president has unique executive powers to issue pardons and makes no provision for subsequent presidents to rescind them — for issues relating to the choice of pen or anything else.
What did Trump say about Biden’s pardons?
Mr. Trump claimed that the pardons his predecessor issued to the select committee members are “hereby declared void, vacant, and of no further force or effect, because of the fact that they were done by Autopen.” The president wrote that Biden did not sign the pardons and “did not know anything about them,” though Mr. Trump did not provide evidence about the circumstances surrounding Biden’s clemency decision.
What is an autopen signature?
Patented in the early 1800s and used by Thomas Jefferson, the autopen is a device used to replicate handwritten signatures. Presidents have signed documents and correspondence using an autopen for decades. According to Smithsonian Magazine, Harry Truman was the first president to use an autopen, and it was said to have been used frequently by President John F. Kennedy. But Barack Obama became the first president to use an autopen for legislation when he directed it to be used to sign an extension of the Patriot Act while in France in May 2011.
President George W. Bush’s administration weighed in on the legality of signing legislation with an autopen in 2005, when the Justice Department’s Office of Legal Counsel concluded that “the president need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law.”
“Rather, the president may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the president’s signature to such a bill, for example by autopen,” then-Deputy Assistant Attorney General Howard Nielson, Jr., wrote in an opinion for the White House counsel.
presidential pardon power
The Constitution gives the president the exclusive authority to grant clemency, with few limits. And in 2024, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit found that pardons or commutations do not have to be issued in writing or signed by the president to be effective.
“The plain language of the Constitution imposes no such limit, broadly providing that the President ‘shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.’ The constitutional text is thus silent as to any particular form the President’s clemency act must take to be effective,” the ruling said.
To be sure, as a practical matter, a writing—such as the clemency warrants President Trump signed for all other pardons and commutations granted throughout his presidency—will generally be the means of proving to a third party that the act has occurred,” the ruling added.
The decision also cited a 1929 memo from the U.S. solicitor general about “whether records of clemency must take a particular form, including whether it must be signed by the President personally. [The solicitor general] opined that no constraints existed, pointing to the lack of any constitutional requirements on point.”
Trump’s comments about Biden’s pardons appear to have been inspired by the Oversight Project, an offshoot of the Heritage Foundation, a right-wing think tank. The group questioned on X last week whether Biden had the “mental capacity” to order an autopen to be used to add his signature.
It’s unclear whether Trump was planning imminent action or an investigation into the Jan. 6 committee members. A presidential pardon needs to be fully delivered to the recipient, and the president can’t pardon crimes related to the Jan. 6 attack, as it would be a violation of the emoluments clause.
Trump’s approval rating
Voters are starting 2025 sour on the state of the economy and President Donald Trump’s handling of it so far, even as his election to a second term sparked an upswing in positive feelings about the direction of the nation, according to a new national NBC News poll.
Buoyed by jubilant and unified Republicans, who are standing in lockstep with Trump and the expansive agenda he and congressional leaders are pushing in Washington, more registered voters see the U.S. as heading in the right direction than at any point since early 2004, though a majority still say the country is on the wrong track.
Trump’s approval rating also equals his best-ever mark as president (47%), though again, a majority (51%) disapproves of his performance. Meanwhile, driven in part by a pessimistic shift among Democrats since Trump’s election, just 18% of voters rate the economy as “excellent” or “good” — not as low as the poorest economic marks during the Biden administration, according to CNBC polling from 2022, but within a handful of points and as low as that mark has been in NBC News polling since 2014.
Majorities of voters disapprove of Trump’s early job performance on the economy (54% disapprove, 44% approve) and how he’s handling inflation and the cost of living (55% disapprove, 42% approve). It’s a new development for Trump, who never previously had a majority against his handling of the economy in a national NBC News poll.
Now, he is confronting jittery markets and businesses amid his early moves to put tariffs on U.S. neighbors and other allies. Trump also faces questions from voters about whether he is sufficiently focused on their core issue of costs as he pursues other projects like reshaping the federal bureaucracy.
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Understanding Presidential Pardon Powers
The U.S. Constitution grants the President of the United States the authority to grant pardons for federal offenses. This power is outlined in Article II, Section 2, Clause 1, which states that the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” This provision is a cornerstone of the executive branch’s power, allowing the President to commute sentences, grant pardons, and provide clemency to individuals convicted of federal crimes.
Historically, presidents have exercised this power for various reasons, including political expediency, humanitarian concerns, and to address perceived injustices in the legal system. The pardon power is seen as a check on the judicial system, providing a mechanism for correcting what might be perceived as unjust or overly harsh sentences.
Autopen Device and Presidential Signatures
The Justice Department’s 2005 Guidance
In 2005, the Office of Legal Counsel at the Justice Department, under the administration of President George W. Bush, issued guidance on the legality of using an autopen device for signing official documents. The autopen, a mechanical device that replicates a handwritten signature, has been used by presidents for decades. The guidance concluded that the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law. This ruling affirmed that the use of an autopen is legally binding and valid.
The guidance states, “The President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law. Rather, the president may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the president’s signature to such a bill, for example by autopen.” This decision has not been challenged in court, reinforcing its legal standing.
Historical Examples of Autopen Use
The use of an autopen by presidents is not a new practice. President Harry Truman was one of the first to use the device, and it was frequently employed by President John F. Kennedy. President Barack Obama notably used an autopen for dozens of pardons in 2016, as cited by a 2017 article in USA Today. This practice underscores the acceptability and prevalence of the autopen in presidential document signing.
Implications and Analysis
The Legal Effect of Trump’s Claims
President Donald Trump’s recent claims that President Joe Biden’s pardons are “void” because of the use of an autopen lack substantial legal ground. Jeffrey Crouch, a politics professor at American University and author of “The Presidential Pardon Power,” doubted the feasibility of Trump’s claims. He told Themarketactivity, “Biden’s pardons are highly unlikely to be revoked somehow because of the apparent use of an autopen. There are scattered examples throughout history of clemency decisions that were never completed. But the idea that a completed pardon could be revoked is a highly unusual suggestion.”
The 4th U.S. Circuit Court of Appeals’ ruling in 2024 further validates this stance. The court stated, “The plain language of the Constitution imposes no such limit, broadly providing that the President ‘shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.’ The constitutional text is thus silent as to any particular form the President’s clemency act must take to be effective.” This ruling emphasizes that the Constitution does not mandate a specific form for presidential pardons to be valid.
Potential Motivations and Political Impact
Trump’s claims about Biden’s pardons appear to be inspired by the Oversight Project, a right-wing think tank. The group questioned whether Biden had the “mental capacity” to order an autopen to be used to add his signature, suggesting a broader political agenda behind Trump’s statements. The motivation behind these claims could be to undermine Biden’s executive actions and create public doubt about the legitimacy of his decisions.
The political impact of these claims is significant. By questioning the validity of Biden’s pardons, Trump aims to sway public opinion and potentially influence future legal actions. Themarketactivity notes that this controversy could escalate political tensions, particularly as it relates to the Jan. 6 committee and its investigations into the Capitol attack. The controversy also highlights the ongoing debate about the extent and limits of presidential powers and the oversight mechanisms in place.
The Significance of the Autopen Controversy
The autopen controversy sheds light on the broader discussion about presidential powers and the mechanisms of executive oversight. The use of an autopen raises questions about the formalities and rituals of presidential duties, as well as the technical requirements for legal validity. While the autopen has been legally validated, its use can still be a point of contention in political discourse.
For Themarketactivity’s audience, understanding these nuances is essential. The autopen controversy underscores the importance of legal precedent and the role of the Justice Department in interpreting constitutional powers. It also highlights the need for transparency and accountability in presidential actions, ensuring that the public remains informed about the legal processes and decisions that shape governance.
This debate also touches on the delicate balance between presidential authority and the need for checks and balances. While the President has significant power, it is tempered by legal frameworks and judicial interpretations. Themarketactivity will continue to monitor these developments, providing our audience with up-to-date information and expert analysis on the evolving landscape of presidential powers and oversight.
Conclusion
In conclusion, the controversy surrounding Trump’s claim that Biden’s pardons for the January 6 committee are void due to the use of an autopen has sparked a heated debate about the legitimacy of executive actions. At the heart of the issue lies the question of whether the use of an autopen, a machine that signs documents on behalf of the President, invalidates the pardons granted to individuals involved in the January 6 insurrection. Trump’s assertion has sparked a flurry of reactions, with many arguing that the use of an autopen is a common practice and does not undermine the President’s authority.
The significance of this topic extends beyond the realm of politics, as it raises important questions about the nature of executive power and the limits of presidential authority. The implications of this debate are far-reaching, with potential consequences for the rule of law, democratic institutions, and the legitimacy of government actions. As the nation grapples with the fallout of the January 6 insurrection, this controversy serves as a stark reminder of the need for transparency, accountability, and respect for the democratic process.
As we move forward, it is imperative that we engage in a nuanced and informed discussion about the role of the executive branch in our democracy. Rather than relying on partisan rhetoric and personal attacks, we must focus on upholding the principles of justice, equality, and accountability that underpin our system of government. Ultimately, the true test of our democracy lies not in the actions of our leaders, but in our collective ability to hold them accountable and demand transparency and integrity in the exercise of power.