Biden’s ‘Autopen’ Pardons Face Trump’s Strong Opposition

President Trump declared Biden’s controversial pardons for Jan. 6 Committee members and political allies “void” due to Biden’s alleged use of an autopen signature instead of signing them personally, raising serious questions about the former president’s mental capacity and who was truly in control of the White House.

Key Takeaways

President Trump claims Biden’s pardons are “void, vacant, and of no future force of effect” because they were allegedly signed by autopen without Biden’s knowledge
Trump suggested Jan. 6 Committee members are “subject to investigation at the highest level” despite their pardons
Missouri Attorney General Andrew Bailey has called for a DOJ investigation into the constitutionality of autopen-signed pardons
High-profile figures like Dr. Anthony Fauci, General Mark Milley, and Liz Cheney could face potential prosecution if the pardons are invalidated
Former Biden aides have raised concerns that key staffers were making decisions on Biden’s behalf as his cognitive abilities declined

Trump Challenges Validity of Biden’s Last-Minute Pardons

In a bombshell declaration that has sent shockwaves through Washington, President Donald Trump has announced that the pardons issued by Joe Biden in his final days as president are invalid and unenforceable. Trump’s statement focuses specifically on pardons granted to members of the January 6 Select Committee, Dr. Anthony Fauci, General Mark Milley, and others who had been critical of his administration. The core of Trump’s argument rests on the allegation that Biden did not personally sign the pardons but instead had them executed with an autopen – a mechanical device that reproduces a signature.

“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 in his statement. The accusation isn’t just about procedure but suggests a more serious problem: that Biden was potentially unaware of the pardons being issued in his name during the final days of his presidency, raising profound questions about who was actually running the government.

Let’s break this down carefully and address the core question: Is it illegal for a president to use an autopen signature on pardons, and does it affect their legal validity?

The use of an autopen—a machine that replicates a person’s signature—has been a common practice among…

— Brandon Adkins (@wilson72091) March 12, 2025

Questions About Biden’s Cognitive Ability and Staff Control

Trump’s challenge to the pardons goes beyond procedural technicalities, directly questioning Biden’s mental faculties at age 82. “He knew nothing about them, and the people that did may have committed a crime,” Trump stated, suggesting that Biden staffers may have acted without proper authorization. The allegations align with long-standing conservative concerns about Biden’s cognitive decline during his presidency. Reports have emerged of staffers potentially making critical decisions as Biden’s mental sharpness deteriorated, with the autopen serving as a convenient tool to maintain the appearance of presidential authority.

“I feared no one as much as I feared that [staffer]. To me, [the staffer] basically was the president. No one ever questioned [the staffer]. Period,” a former Biden aide said.

The Oversight Project, associated with the Heritage Foundation, has been investigating the legitimacy of Biden’s executive orders and official documents for months. Mike Howell of the Oversight Project stated that “The prolific use of autopen by the Biden White House was an instrument to hide the truth from the American people as to who was running the government.” Their investigation revealed patterns suggesting widespread autopen usage throughout Biden’s term, potentially calling into question the legitimacy of numerous official actions beyond just the pardons.

Legal Challenges and Potential Prosecutions

The constitutional implications of Trump’s challenge are profound. Missouri Attorney General Andrew Bailey has called for a Department of Justice investigation into the constitutionality of using an autopen for presidential pardons. Trump himself acknowledged that courts would ultimately decide the validity of these pardons. If the courts rule that the pardons are indeed invalid, individuals like the January 6 Committee members could face serious investigations and potential prosecution for their actions during the Trump presidency.

“Therefore, those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level,” Donald Trump said.

Among those who received Biden’s controversial pardons were his son Hunter Biden, Dr. Anthony Fauci, General Mark Milley, and members of the January 6 Committee including Liz Cheney. Additionally, Biden commuted sentences for nearly 2,500 people convicted of non-violent drug offenses on January 17, just days before leaving office. The question of whether these individuals remain protected from prosecution now hangs in legal limbo as the courts prepare to consider this unprecedented challenge to presidential authority.

A Constitutional Crisis in the Making

This confrontation between the current and former presidents creates a potential constitutional crisis with no clear historical precedent. While presidents have used autopens for legislation and routine documents in the past, their use for pardons – which represent one of the most personal and absolute powers of the presidency – raises serious questions. The controversy highlights deeper concerns about transparency in government and the safeguards necessary when a president’s capacity comes into question. For millions of Americans who questioned Biden’s fitness for office throughout his presidency, these allegations confirm their worst fears about who was truly running the country.

As this challenge to Biden’s pardons moves through the legal system, it represents more than just a political maneuver. It raises fundamental questions about constitutional authority, presidential capacity, and the limits of executive power. If an autopen signature is deemed insufficient for a presidential pardon, it would send shockwaves through Washington and potentially expose Biden’s inner circle to scrutiny about who was making decisions in the final days of an administration that many Americans already suspected was not fully under the president’s control.