President Donald Trump has challenged the legitimacy of his predecessor’s last-minute pardons, claiming they are “void, vacant, and of no further force or effect.” This assertion is based on allegations that the pardons were signed using a mechanical autopen rather than by former President Joe Biden himself.

Trump highlighted a recently discovered autopen signature as evidence that Biden did not personally sign the pardon documents, nor was he aware of them. He expressed his concerns on Truth Social, stating, “The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime.”

While Trump has declared the pardons void, he recognized that the final decision rests with the courts. “It’s not my decision—that’ll be up to a court—but I would say that they’re null and void,” Trump remarked to reporters on Air Force One, adding, “because I’m sure Biden didn’t have any idea that it was taking place, and somebody was using an autopen to sign off and to give pardons.”

However, legal experts have expressed skepticism about Trump’s claims. Peter Shane, a law professor at New York University, told Newsweek that the use of an autopen “does not void the pardons.” His colleague, Stephen Gillers, noted that the Constitution does not mandate that pardons be issued in writing, suggesting that the use of an autopen would not be unconstitutional.

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A federal appeals court also confirmed last year that the Constitution does not impose a writing requirement for clemency actions. The legal outcome of Biden’s pardons remains to be seen, as it is unclear whether a court will consider the autopen issue as grounds to invalidate them.

Prior to leaving office, Biden issued preemptive pardons to several individuals including members of the House January 6 Select Committee, U.S. Army General Mark Milley, and Dr. Anthony Fauci, as well as five of Biden’s relatives. These actions were quickly criticized by Trump, who described them as “disgraceful” and indicative of “MAJOR CRIMES.”

Trump has also threatened to take action against his political adversaries, particularly those involved in the January 6 committee, suggesting they might have played a role in the pardons. “Those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level,” he stated.

The controversy over Biden’s use of an autopen was brought to light by the Heritage Foundation’s Oversight Project, which claimed that control of the autopen, rather than Biden himself, dictated the actions of the presidency.

Missouri Attorney General Andrew Bailey has called for a federal investigation to determine the legality of Biden’s pardons and executive orders, questioning whether they were enacted without Biden’s conscious approval due to his cognitive decline.

Trump also mocked the situation by posting images on Truth Social that juxtaposed his official portraits with a picture of Biden’s autopen, highlighting the controversy surrounding the autopen’s use.