Can Trump Reverse Biden’s Pardons? Unpacking the Autopen Controversy

5/18/20254 min read

Can Trump Reverse Biden’s Pardons? Unpacking the Autopen Controversy
Can Trump Reverse Biden’s Pardons? Unpacking the Autopen Controversy

Can Trump Reverse Biden’s Pardons? Unpacking the Autopen Controversy

In the ever-shifting landscape of American politics, few issues capture the public's imagination quite like the battle over presidential pardons. On March 17, 2025, former President Donald Trump reignited this debate with a bold claim on Truth Social: that some of Joe Biden’s pardons, particularly those for members of the January 6 committee, are invalid due to the alleged use of an autopen. Trump declared these pardons "VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT," sparking a flurry of legal and political analysis. But can Trump actually reverse these pardons? And are Biden’s autopen-signed pardons truly void? Let's dive into the facts, the law, and the implications.

The Autopen Claim

Trump’s assertion hinges on the idea that the use of an autopen—a mechanical device that replicates a signature—undermines the legitimacy of Biden’s pardons. He specifically targeted the pardons granted to members of the committee investigating the January 6, 2021, Capitol attack, suggesting that this method of signing renders them invalid. This claim taps into a broader narrative of election integrity and political persecution that Trump has consistently pushed since leaving office.

However, legal experts are unanimous: Biden’s autopen-signed pardons are valid under U.S. law. The Constitution does not require a president to sign pardons by hand, and historical precedent supports the use of autopens for official documents. Presidents from Thomas Jefferson to Barack Obama have used similar devices without challenge, and the Justice Department has affirmed their legality.

Legal Precedents and Expert Opinions

The legal foundation for pardons is clear. Article II, Section 2 of the U.S. Constitution grants the president the power to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." Nowhere does it specify the method of signing. In 2005, during George W. Bush’s presidency, the Justice Department’s Office of Legal Counsel wrote a memo confirming that autopens could be used for signing bills, a principle that extends to pardons.

Legal scholars have echoed this sentiment. "There is no constitutional mechanism to overturn pardons once granted," noted a PBS fact-check from March 18, 2025. Even if Biden used an autopen, the pardons remain legally binding. Trump’s claim, therefore, lacks a basis in law and is considered false by experts.

The Political Context

Trump’s statement is not just about the autopen; it’s part of a larger political strategy. By targeting the January 6 committee members, he aims to undermine their legitimacy and the investigation’s findings. This move aligns with his ongoing narrative of being persecuted by political opponents, a theme that has resonated with his base but has been repeatedly debunked in legal and investigative contexts.

The pardons in question were part of Biden’s broader clemency actions, which included forgiving individuals convicted of nonviolent offenses and addressing systemic injustices. Trump’s focus on the autopen distracts from these substantive issues and instead fuels a narrative of procedural irregularity.

Public Perception and Media Literacy

The spread of Trump’s claim on platforms like Truth Social and X (formerly Twitter) highlights the challenges of media literacy in today’s digital age. Misinformation can spread rapidly, influencing public perception even when it lacks factual grounding. This incident underscores the importance of critical thinking and fact-checking, tools that are essential for navigating political discourse.

For instance, the@DeepFakeQuote account on X, which shared a related post on May 17, 2025, raises questions about the authenticity of political statements. Media literacy encourages us to question the source, cross-reference information, and consider the broader context before forming opinions.

Implications for Future Pardons

Trump’s attempt to reverse Biden’s pardons, even if legally unfounded, sets a precedent for how future presidents might approach clemency powers. It raises questions about the stability and finality of presidential actions, particularly in a polarized political environment. If such claims gain traction, they could erode public trust in the pardon process and complicate future administrations’ use of this power.

Moreover, the incident highlights the need for clear communication from legal and political leaders. When high-profile figures make unsubstantiated claims, it can confuse the public and muddy the waters of democratic governance. Transparent and accurate information is crucial for maintaining the integrity of our institutions.

Engaging the Reader

As we unpack this controversy, it’s clear that the battle over pardons is more than just a legal dispute; it’s a reflection of deeper political divides. Trump’s claim, while unfounded, taps into a narrative that resonates with many Americans. It reminds us of the importance of understanding the law, the facts, and the motivations behind political statements.

The autopen scandal, as it’s been dubbed, serves as a case study in the intersection of law, politics, and media. It challenges us to think critically about how we consume and interpret information, especially in an era where misinformation can spread like wildfire.

Thought Questions

  1. How should the public respond to unsubstantiated claims from high-profile political figures, and what role does media literacy play in this response?

  2. What are the potential long-term effects of questioning the legitimacy of presidential pardons on the stability of U.S. governance?

  3. How can legal and political leaders better communicate the facts to counteract misinformation and maintain public trust?

In conclusion, Trump’s claim that he can reverse Biden’s pardons over the alleged use of an autopen is false under U.S. law. Expert opinions and legal precedents confirm the validity of autopen-signed pardons, and there is no constitutional mechanism to overturn them once granted. This incident, however, is a reminder of the ongoing challenges we face in maintaining a healthy political dialogue and the critical role of media literacy in navigating these waters. As we move forward, the lessons learned from this controversy will undoubtedly shape our approach to future political and legal disputes.