Trump Challenges Biden’s Pardons: What To Know

Donald Trump declared that Joe Biden’s January 6 committee pardons are invalid, claiming autopen signatures render them void and accusing recipients of being involved in the signing of documents without Biden’s knowledge or approval.

Key Takeaways

Trump claimed Biden’s pardons for January 6 Committee members are “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” because they were allegedly signed with an autopen rather than by Biden personally.
The president alleges Biden, at age 82, was unaware of the pardons being issued, suggesting potential criminal activity by those who facilitated them.
Missouri Attorney General Andrew Bailey has called for a Department of Justice investigation into whether Biden’s cognitive decline allowed staff to enact policies without his knowledge.
Biden’s last-minute pardons included preemptive protection for all nine January 6 Committee members, Gen. Mark Milley, and Dr. Anthony Fauci.
Legal experts remain doubtful about whether any court would actually void Biden’s pardons based on the autopen claims.

Trump’s Challenge to Biden’s Pardon Authority

President Donald Trump has directly challenged the legitimacy of pardons issued by former President Joe Biden in his final days in office. The issue centers on Biden’s reported use of an autopen—a device that mechanically reproduces a signature—rather than personally signing the pardoning documents. Trump’s allegations specifically target the pardons granted to members of the House Select Committee that investigated the January 6, 2021 Capitol events, claiming these pardons lack constitutional validity and should be considered null and void.

“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen,” Trump said in his statement on Truth Social.

Trump’s assertion has raised constitutional discussions about presidential powers and the requirements for exercising executive clemency. The president claims Biden, at 82 years old, lacked awareness of these pardons being issued in his name, suggesting a serious breach of executive authority. This argument, while unprecedented, has gained support from some Republican officials who question whether autopen-signed pardons meet constitutional standards.

BREAKING: President Trump declares Biden’s pardons void ‘because of the fact that they were done by Autopen.’

— Leading Report (@LeadingReport) March 17, 2025

Legal and Political Implications

Missouri Attorney General Andrew Bailey previously called for a Department of Justice investigation into whether Biden’s alleged cognitive decline allowed staff members to implement policies without his knowledge or consent. The legal challenge centers on whether the Constitution’s pardon power requires a president’s direct involvement and informed consent, or if authorized mechanical reproductions of signatures satisfy legal requirements for presidential actions of such significance.

Trump warned on social media that former committee members who received pardons could face “investigation at the highest level.” Previously, he had characterized Biden’s pardons as “disgraceful” and accused many recipients of committing “MAJOR CRIMES.” The unprecedented nature of this challenge has created doubt in legal circles about whether any court would actually invalidate past presidential pardons based on the method of signature. The Constitution does not explicitly address signature requirements for exercising presidential powers.

At this point, no evidence has been raised that any pardons were signed without Biden’s knowledge. Notably, the use of the autopen or something like it by other presidents is not unheard of. Former President Barack Obama drew scrutiny in 2011 for allowing an aide to use an autopen to put his signature on a bill related to the Patriot Act. Presidents Harry Truman and Gerald Ford also reportedly used it. Meanwhile, an internal memo reportedly viewed by The New York Post described the Trump administration as being more strict about the use of the autopen than other administrations.

Aboard Air Force One, Trump was reportedly asked whether Biden’s pardons would stand. He went on to say, “It’s not my decision; that’ll be up to a court. But I would say that they’re null and void.”

Biden’s Last-Minute Pardons

On his final day in office, President Biden issued a series of pardons that included preemptive protection for all nine members of the January 6 Committee, including Representative Bennie Thompson and former Representative Liz Cheney. Additional recipients included General Mark Milley, who had previously criticized Trump as a “wannabe dictator,” and Dr. Anthony Fauci, who faced Republican criticism for his handling of 2020 health emergency information and congressional testimony. Trump specifically accused committee members of tampering with evidence related to investigations against him, claiming they deleted crucial documents.