Today's News: Trump Claims Biden’s Pardons Are Invalid
Legal experts noted that the U.S. Constitution does not grant a sitting president the authority to revoke pardons, and prior legal guidance confirms that autopen-signed documents are valid.
Photo: Chip Somodevilla/Getty Images
Overview
Date: March 17, 2025
Topic: Trump Claims Biden’s Pardons Are Invalid Due to Autopen Use
Summary: President Donald Trump declared that pardons issued by former President Joseph R. Biden Jr. in his final days in office were "void" because they were signed using an autopen rather than personally by Biden. Among those pardoned were members of the House Select Committee investigating the January 6 attack, General Mark Milley, and Dr. Anthony Fauci. Legal experts noted that the U.S. Constitution does not grant a sitting president the authority to revoke pardons, and prior legal guidance confirms that autopen-signed documents are valid. Trump hinted that the pardoned individuals could now be subject to investigation. The claim echoes a right-wing conspiracy theory alleging that Biden was not fully in control of his administration.
Sources
The New York Times – Trump Says Biden’s Pardons Are ‘Void’ and ‘Vacant’ Because of Autopen
NBC News – Trump Claims Biden’s Pardons for Jan. 6 Committee Are ‘Void’ Because He Used an Autopen
Fox News – Trump Claims Biden Pardons Are ‘VOID,’ Alleging They Were Signed via Autopen
The Wall Street Journal – Trump Lays Groundwork for Investigating People Pardoned by Biden
Note: CNN and The Washington Post did not have any coverage of this story as we published.
Useful background, not covered in this summary: MSNBC - What is an autopen, the device at the center of Trump’s attack on Biden’s pardons?
Key Points
Autopen Controversy: Trump claims Biden’s pardons are invalid because they were signed using an autopen rather than personally by Biden. An autopen is a device used to automatically sign a signature.
Legal Precedent: Legal guidance from past administrations (including George W. Bush’s Office of Legal Counsel) has confirmed that autopen-signed documents are valid and legally binding.
Targeted Pardons: Biden pardoned members of the January 6 committee, General Mark Milley, and Dr. Anthony Fauci.
Investigation Threats: Trump suggested that those pardoned could now face investigations, despite the lack of a legal avenue to revoke pardons.
Right-Wing Conspiracy Theory: The claim aligns with a broader right-wing narrative questioning Biden’s mental capacity and control over his administration.
Trump’s Own Pardons: Trump previously pardoned January 6 defendants, including members of the Proud Boys and Oath Keepers.
Unique Highlights
The New York Times: Emphasized Trump’s authoritarian tone and the lack of legal basis for undoing a pardon, framing the statement as a political escalation rather than a serious legal argument.
NBC News: Provided context on how Biden issued the pardons as a protective measure against political retaliation by the Trump administration.
Fox News: Highlighted Trump’s assertion that Biden’s aides, rather than Biden himself, may have approved the pardons, implying possible misconduct.
The Wall Street Journal: Positioned the claim as a strategic move by Trump to justify future investigations, linking it to his broader efforts to exert control over the judiciary.
Contrasting Details
Legality of Autopen Use: The New York Times, NBC News, and The Wall Street Journal cited past legal precedents confirming that autopen signatures are valid, while Fox News presented Trump’s claim without challenging its legality.
Tone and Framing: The New York Times and NBC News framed the claim as part of Trump’s ongoing attack on democratic norms, while Fox News and The Wall Street Journal framed it as a procedural concern that could justify further investigations.
Response to Biden’s Pardons: The New York Times and NBC News emphasized the protective nature of Biden’s pardons, while Fox News and The Wall Street Journal suggested that some pardons may have been issued improperly or without Biden’s direct involvement.
Trump’s Motivation: The Wall Street Journal suggested that Trump’s move was part of a broader legal and political strategy, whereas Fox News focused more on Biden’s perceived lack of awareness in signing the pardons.
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