by Admin
17/3/2025
President Donald Trump claimed on Monday that the pardons issued by his predecessor, Joe Biden, for members of the House select committee investigating the January 6, 2021, Capitol attack are invalid.
President Trump argued that using an autopen, an authorized device for signing official documents renders the pardons “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.”
Taking on his Truth Social platform, President Trump alleged that former President Biden neither personally signed the pardons nor was aware of them, suggesting that committee members could now be “subject to investigation at the highest level.”
Despite President Trump’s assertions, constitutional and legal experts widely reject the claim that former President Biden’s pardons can be overturned.
The U.S. Constitution grants the president broad, unilateral power to issue pardons, with no provision allowing a subsequent president to revoke them based on the signature method.
The use of an autopen for presidential actions has long been established as legally binding.
A 2005 legal opinion from the Justice Department’s Office of Legal Counsel commissioned under President George W. Bush confirmed that a president need not physically sign a document for it to take effect.
Both former President Joe Biden and former boss President Barack Obama have used autopen devices to sign legislation and executive orders.
President Trump’s argument appears to have been influenced by the Oversight Project, an offshoot of the conventional Heritage Foundation, which recently questioned whether Biden had the “mental capacity” to authorize an autopen signature.
However, there is no legal basis to suggest that a president must be physically present when signing a pardon for it to be valid.
The White House and Biden’s representatives have not yet responded to the claims.
It remains unclear whether Trump intends to pursue legal action to challenge the pardons or whether his administration would attempt to investigate the committee members.
In January, during his last days in office, President Biden issued preemptive pardons to several figures involved in investigating President Trump’s role in the Capitol attack. Those pardoned included:
• Sen. Adam Schiff (D-Calif.), formerly a House member
• Former Reps. Liz Cheney (R-Wyo.), Adam Kinzinger (R-Ill.), Elaine Luria (D-Va.), and Stephanie Murphy (D-Fla.)
• Current Reps. Pete Aguilar (D-Calif.), Zoe Lofgren (D-Calif.), Jamie Raskin (D-Md.), and Bennie Thompson (D-Miss.)
• Former Joint Chiefs of Staff Chairman Mark Milley
• Dr. Anthony Fauci, former White House Chief Medical Advisor
Biden justified the pardons as a measure to prevent retaliatory legal action against officials who investigated Trump. The former president, however, has repeatedly accused these individuals of committing unspecified “major crimes,” reiterating his stance in a text message to NBC News following the pardons.
While criticizing Biden’s use of clemency, Trump also granted extensive pardons during his presidency. In his final months in office, he issued clemency to approximately 1,500 individuals involved in the January 6 Capitol riot.
Among them were 14 members of far-right extremist groups, including the Proud Boys and Oath Keepers, who were convicted of seditious conspiracy.
President Biden, in contrast, focused on criminal justice reform, commuting nearly 2,500 sentences, many for nonviolent drug offenses, before leaving office.
President Trump’s latest claims highlight ongoing political tensions surrounding the January 6 investigation and his efforts to discredit those involved. However, without a constitutional or legal basis to revoke Biden’s pardons, Trump’s declarations may remain largely symbolic.
Adam Kinzinger, one of the pardoned lawmakers, appeared unfazed by Trump’s threats. In a post on X, he responded with a GIF of Anchorman character Ron Burgundy saying, “Bring it on, b.”