Trump Accuses Biden of Autopen Pardons, White House Defends Signature Practices
Former President Donald Trump has ignited a fresh controversy by accusing President Joe Biden of utilizing an autopen to sign legally binding documents, specifically pardons. Trump alleges this practice renders Biden’s pardons "void" and implies a lack of personal authorization from the President. These claims have sparked debate over the legitimacy of autopen signatures on official documents and raised questions about the level of control and oversight within the Biden administration.
Trump initially voiced his concerns on Air Force One, stating that while he occasionally employed an autopen for correspondence, its use for signing critical documents like pardons was "shameful." He emphasized the distinction between using the device for routine tasks, such as sending letters of support, and its application to decisions with significant legal ramifications.
"We may use it, as an example, to send some young person a letter because it’s nice," Trump explained. "You know, we get thousands and thousands of letters, letters of support for young people, from people that aren’t feeling well, etcetera. But to sign pardons and all of the things that he signed with an autopen is disgraceful."
Trump further asserted that the courts should determine whether Biden’s use of an autopen for executive orders and pardons invalidates these actions. He specifically targeted pardons issued to individuals connected to the January 6th Capitol riot investigation, suggesting that Biden was unaware of these pardons and that they were executed without his explicit approval.
"In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!" Trump exclaimed in a social media post. "The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime."
In response to Trump’s accusations, the White House has defended President Biden’s signature practices and affirmed the legality of using an autopen under specific circumstances. A White House official told Fox News Digital that the Trump administration’s official policy during both his terms had been to use Trump’s hand signature on every legally operational or binding document.
The debate surrounding the use of autopens in government is not new. An autopen is a device that physically holds a pen and is programmed to replicate a person’s signature. The Justice Department’s Office of Legal Counsel determined in 2005 that the president is permitted to use an autopen to sign bills into law, and the U.S. Court of Appeals for the Fourth Circuit issued a ruling in February that said the absence of "a writing" does not equate to proof that a commutation did not occur. "The constitutional text is thus silent as to any particular form the President’s clemency act must take to be effective," the circuit court said in its opinion.
The legal precedent generally supports the use of autopens, particularly when authorized by the President and when proper procedures are followed. However, critics argue that the widespread use of autopens raises concerns about accountability and the potential for abuse. They contend that relying on mechanical signatures could diminish the personal involvement of the President in critical decisions and create opportunities for unelected staff to exert undue influence.
Fueling the controversy is a report released by the Oversight Project with the conservative think-tank The Heritage Foundation. The report claims that an analysis of Biden administration documents revealed that a majority of documents signed during his administration used an autopen.
"Our findings suggest widespread use of an autopen to sign clemency warrants throughout the Biden Presidency," the Oversight Project stated in a memo released March 17. "This apparent use raises concerns about: whether President Biden personally authorized each official act; whether or which unelected staff controlled the autopen device; and whether they acted with his approval."
These concerns have resonated with some observers who question the level of oversight and control within the Biden administration. They argue that the extensive use of autopens could indicate a delegation of authority that undermines the President’s role in making important decisions.
On Trump’s inauguration day, Biden signed pardons for the former chair of the Joint Chiefs of Staff, retired Gen. Mark Milley, whom Trump has accused of committing treason, as well as those involved in the Jan. 6 Select Committee investigation that conducted a probe into the attack.
Trump historically has railed against the select committee, and was indicted in August 2023 for attempting to overturn the 2020 election results that culminated in the attack on the Capitol. However, special counsel Jack Smith dropped the case against Trump in November 2024 after Trump won the presidential election.
The controversy surrounding the use of autopens highlights the ongoing tensions between Trump and Biden, as well as the broader debate over presidential power and accountability. While the legal precedent generally supports the use of autopens under certain conditions, the ethical and political implications remain a subject of intense scrutiny. As the debate unfolds, it is likely that the courts will be called upon to weigh in on the legality and legitimacy of autopen signatures on official documents.
