Trump’s Claims on Biden's Pardons Labeled Baseless by Experts

Donald Trump's allegations that many pardons signed by President Biden are void due to the use of an autopen have been dismissed by legal experts and fact-checking organizations, citing the legitimacy of autopen signatures under U.S. law.

Former President Donald Trump's recent claims about Joe Biden's pardons have sparked controversy as experts investigate the validity of his assertions. Trump took to Truth Social to announce that many of Biden's pardons are "void" because he allegedly used an autopen—a device that replicates a person's signature—rather than signing by hand. However, Trump failed to provide evidence to support his assertions, which has led to widespread criticism.

BBC Verify has meticulously examined the claims and uncovered multiple instances where President Biden signed pardons by hand. For example, in October 2022, he was photographed signing a pardon for individuals convicted of marijuana possession. Additionally, U.S. government archives store presidential copies that maintain consistent signatures, supporting the notion that Biden's hand-signed documents are authentic.

Experts specializing in U.S. law affirm that there are no legal stipulations that render autopen-signed documents, including pardons, ineffective. Andrew Moran, a politics professor at London Metropolitan University, stated that the use of autopen for less critical documents is not uncommon, though he personally believes that pardons should be hand-signed due to their significance.

Trump's claims seem to originate from the Oversight Project, a conservative think tank that asserts that Biden's pardons issued on January 19 bear identical autopen signatures. While the Heritage Foundation has claimed to have identified autopen signatures in various Biden documents, they have not provided substantial proof to back their findings.

Historically, autopen usage has been established in past administrations, including those of Presidents George W. Bush, Barack Obama, and John F. Kennedy. A 2005 memo from the Justice Department clarified that a president does not need to physically sign a bill for it to become law, implying that signatures generated by autopen can still be considered valid.

The question arises—can a president declare pardons void? Legal scholars warn that pursuing such actions would violate constitutional norms. Professor Erin Delaney notes that revoking a predecessor's pardons is rare and could trigger legal ramifications regarding other automatic signature applications, such as congressional bills. In essence, while Trump's claims stir debate, expert consensus highlights their lack of legal foundation.