
Were Biden's Pardons Signed with Autopen? The Truth Behind Trump’s Claims
2025-03-17
Author: Jacob
Fact Check: Invalid Claims
Investigations conducted by BBC Verify have debunked Trump's allegations. To date, there is no evidence supporting the notion that Biden relied on an autopen for signing pardons. Rather, multiple instances show Biden signing pardons by hand, including high-profile cases such as the pardoning of individuals incarcerated for marijuana possession in October 2022 and other non-violent offenders.
Despite Trump's indirect reference to Biden's pardons during his posts, he did not specify which pardons he was questioning. His remarks alluded to the investigation into the January 6 Capitol riots, for which he took aim at what he referred to as the "unselect committee."
Autopen Usage: Legal Context
Legal experts agree there are no laws in the United States that render pardons invalid if signed using an autopen. The mechanism of autopen has been utilized by several past presidents across various levels of official documentation. An official memo from the Bush administration in 2005 clarified that a president's signature need not be physically affixed for a bill to become law if a subordinate is directed to use an autopen.
Professors of law and politics have weighed in, noting that while using autopen is commonplace for less critical documents, one would generally expect a hand-signed autograph on significant actions, such as granting a pardon. Former presidents like Barack Obama and John F. Kennedy have also employed this technology, indicating that it is part of the modern presidential toolbox.
Challenging Pardons: Historical Context and Implications
The possibility of a president overturning a predecessor's pardons is exceptionally rare, with the last noteworthy instance occurring during Andrew Johnson's presidency in the 1860s. Legal scholars assert that Trump would face significant hurdles if he attempted to challenge Biden's pardons legally, as doing so could violate unwritten constitutional traditions and simultaneously jeopardize norms surrounding official documents.
Experts have suggested that such a legal pursuit could embroil the courts in disputes about the validity of various government signatures, further complicating governance.
Conclusion: The Reality of Biden's Pardons
As it stands, there is no definitive evidence to support Trump's claims regarding the legality of Biden's pardons. The ongoing discourse highlights the complexities of presidential powers, legacy, and the legal frameworks that sustain them. The available documentation and expert opinions suggest that Biden's pardons remain valid irrespective of the signing method used.
In an age where political claims can spread rapidly, fact-checking and rigorous scrutiny remain vital for public discourse. The next chapter in this ongoing legal saga will undoubtedly captivate observers as the political climate continues to evolve. Stay tuned to uncover how these developments will shape the future of U.S. politics.