Trump targets 'void' pardons by 'sleepy Biden'

US President Donald Trump has raised a legal challenge against Formar US President Joe Biden’s use of the autopen to sign pardons for several individuals involved in the investigation of the January 6th insurrection.

In a post on his Truth Social platform, Trump declared that Biden’s pardons were "void, vacant, and of no further force or effect" due to the use of the autopen, signaling that his administration may attempt to challenge over a century of presidential pardon practices.

Trump’s comments, made just after midnight on Monday, follow similar claims from the Heritage Foundation, which has questioned the validity of several pardons signed by Biden, suggesting that the autopen’s use raised concerns about whether Biden personally approved the actions.

However, Trump did not provide any evidence to support these claims.

Presidential pardons and autopen controversy

The presidential pardon power is one of the most absolute powers granted to the US president, and courts have traditionally been reluctant to impose limits on it.

While Trump acknowledged that courts would ultimately decide the validity of the pardons, his remarks opened the door to potential legal action, including the possibility of the Justice Department pursuing charges against Biden’s political adversaries.

These adversaries, such as former congresswoman Liz Cheney, retired general Mark Milley, and infectious diseases expert Anthony Fauci, were granted pardons on the final day of Biden’s presidency.

Trump had previously hinted during his campaign that he might seek to prosecute these individuals. He also speculated that Biden was unaware of the pardons being signed, stating, "I’m sure Biden didn’t have any idea that it was taking place, and somebody was using an autopen to sign off and give pardons."

A 2024 federal appeals court decision ruled that a pardon does not necessarily need to be in writing, noting that the Constitution imposes no limit on how a pardon is granted.

The Fourth Circuit Court of Appeals affirmed that the language of the Constitution does not require written documentation for executive clemency.

A 1929 Justice Department opinion similarly emphasised that the method by which pardons are granted is entirely at the president’s discretion.

This opinion was cited by the George W. Bush administration when defending Bush’s use of the autopen during his presidency.