Trump Disputes Biden’s Final Pardons, Citing "Autopen" Use and Political Motivation
Former President Donald Trump is challenging the validity of several pardons issued by his predecessor, Joe Biden, in the final hours of his presidency. Trump alleges the pardons are void due to the use of an autopen, a device that automatically replicates a signature, and further suggests they were politically motivated and intended to shield individuals from future prosecution.
In a late-night post on his social media platform, Truth Social, Trump declared Biden’s pardons “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” He specifically targeted pardons granted to members of the January 6th Select Committee, which he derisively refers to as the “Unselect Committee of Political Thugs,” and others he claims were beneficiaries of Biden’s politically driven clemency. Trump’s core argument centers on the assertion that the pardons were improperly executed due to the use of an autopen to affix Biden’s signature.
The accusation of autopen use raises legal questions about the legitimacy of presidential acts. While the Justice Department issued an opinion in 2005 stating that the use of autopens is permissible for presidential signatures, the issue remains a point of contention, particularly among conservatives. Trump’s claims echo concerns previously raised by the Heritage Foundation, a prominent conservative think tank.
Speaking to reporters aboard Air Force One, Trump indicated that the ultimate determination of the pardons’ validity would likely rest with the courts. This sets the stage for a potential legal battle that could further deepen the political divide surrounding the actions of both presidents.
Biden’s last-minute pardons were indeed controversial. In the waning days of his administration, he issued preemptive pardons to individuals who had not yet been charged with any crimes, including members of his own family. This decision drew sharp criticism, even from some Democrats, who questioned the ethics of pardoning family members. Biden defended his actions, arguing that his family had been subjected to relentless attacks and threats motivated solely by a desire to harm him politically. He stated in a formal statement that he feared these attacks would continue even after he left office, justifying the need for these protective pardons.
Adding fuel to the fire, Trump, upon entering office the following day, exercised his own pardoning powers extensively. He granted clemency to nearly 1,600 individuals who had been charged with crimes related to the January 6th riot at the Capitol. This move was widely interpreted as a sign of support for those who participated in the attack, further exacerbating the controversy surrounding the events of that day.
The pardons issued to members of the January 6th Select Committee have drawn particular scrutiny. Trump has been a vocal critic of the committee and its members, including figures like Liz Cheney, whom he has publicly suggested should be imprisoned. Jamie Raskin, a Democratic member of Congress and a member of the Select Committee, addressed the pardon in January, suggesting he and the committee had been pardoned because they were innocent, highlighting the contrast with the pardons Trump extended to those involved in the January 6th insurrection.
Raskin questioned the rationale behind Biden’s pardons, asking, “Why were they being pardoned? That’s my question. In other words, were they innocent? Nobody’s asserting that…Or were they being pardoned simply because they were the willing political soldier for Donald Trump when he incited an insurrection against the government?” His remarks highlight the deep partisan divide surrounding the pardons and the underlying events that led to them.
White House Press Secretary Karoline Leavitt addressed the controversy during a briefing, stating that Trump is challenging the authenticity of Biden’s authorization of the pardons, citing the alleged use of an autopen. This challenges the notion that Biden actually signed the pardons himself, further undermining their legitimacy in Trump’s eyes.
The pardons themselves included not only members of the Select Committee but also family members of President Biden. This caused an uproar, even within his own party, as many felt that pardoning family members, particularly for crimes that had not yet been committed, was a clear conflict of interest and an abuse of power.
This situation underscores the immense power wielded by the U.S. president through the pardon power, as well as the potential for that power to be used for political gain or to protect allies. Whether Trump’s legal challenge will be successful remains to be seen, but the controversy surrounding Biden’s final pardons is sure to continue to be debated in the legal and political arenas. The courts will have to weigh the arguments concerning the autopen’s usage and whether it invalidates the executive action of granting a pardon. Moreover, the political ramifications of either validating or rejecting the pardons would add to the volatile political climate in the United States. This will undoubtedly be a closely watched case as it develops.
