In brief
Trump's assertion regarding the invalidity of Biden's pardons due to the use of autopen is unsubstantiated. Investigations reveal that Biden has signed many pardons by hand, and legal experts confirm that pardons signed by autopen are legally valid under U.S. law.
Former President Donald Trump has recently claimed that a number of pardons granted by President Joe Biden are nullified because they were allegedly signed using an autopen, a device that reproduces signatures. This assertion was made on Trump's platform, Truth Social, where he failed to provide supporting evidence. In response to Trump's statements, BBC Verify has uncovered instances where Biden is seen signing pardons by hand. Notably, photographs taken in October 2022 show him signing pardons for individuals convicted of marijuana possession and non-violent offenders. There have been no documented cases confirming that Biden signed pardons solely using autopen.The basis for Trump’s claim appears to stem from the Oversight Project, a branch of the Heritage Foundation, which asserted that Biden’s pardons dated January 19 had uniform autopen signatures. The Heritage Foundation has been requested to provide further information to back its assertions. The Federal Register, which archives official documents, supports that signatures (including those of past administrations) are standardized based on samples provided by the president. A spokesperson for the National Archives, when questioned about the legality of autopen signatures, indicated that they are considered valid for official documents, including pardons.Legal analysis reveals that documented precedents allow autopen signatures to be legally binding, with autopen historically utilized by multiple past presidents for various instruments. This includes a memo from the Justice Department under George W. Bush, affirming that physical signatures are not required for documents to hold legal weight.Further legal perspectives note that if Trump sought to overturn Biden's pardons, it could conflict with constitutional standards. Attempting to rescind these pardons would likely necessitate legal action against those who received clemency, raising complex constitutional questions.Famed political scholars emphasize the rarity of a president revoking their predecessor's pardons, noting that historical examples are minimal and typically involve unique circumstances. As both public and legal scrutiny continues, the validity of Trump's claims remains unsubstantiated, following the guidance of both historical context and legal precedent.
