In a bold move, former U.S. President Donald Trump has declared the 11th-hour pardons issued by his predecessor, Joe Biden, as “void, vacant, and of no further force or effect.” Trump’s statement, shared on his Truth Social platform on March 17, alleges that the pardons were invalid because they were signed using an autopen—a robotic device often employed for routine presidential correspondence.
Trump’s claims echo concerns raised by the conservative Heritage Foundation, which pointed to seemingly identical signatures on Biden’s documents as evidence of autopen use. However, Trump has yet to provide concrete proof to support his assertions.
The controversy centers on the presidential pardon power, historically regarded as one of the most absolute authorities of the office. Courts have consistently refrained from imposing limits on how pardons are granted. A 1929 Justice Department opinion and a 2024 federal appeals court decision both affirmed the flexibility of the pardon process, with the latter ruling that a pardon need not even be in writing.
Trump’s remarks have sparked speculation about potential Justice Department actions against high-profile figures pardoned by Biden, including former congresswoman Liz Cheney, retired general Mark Milley, and infectious diseases expert Anthony Fauci. These individuals were granted clemency on Biden’s final day in office, following Trump’s campaign trail threats to prosecute them.
While Trump acknowledged that the courts would ultimately decide the validity of the pardons, his comments have reignited debates over the use of autopen technology and its implications for presidential accountability. The George W. Bush administration previously defended autopen use, but its legitimacy remains a contentious issue.
As the legal and political ramifications unfold, the question of whether Biden’s pardons will withstand scrutiny looms large.