Legal Experts Affirm Validity of Biden's Autopen-Signed Pardons Amid Trump's Challenges

Legal scholars and constitutional experts have largely dismissed recent claims by former President Donald Trump and conservative commentators, including Dinesh D'Souza, asserting the invalidity of pardons issued by former President Joe Biden due to the use of an autopen. The controversy centers on whether a president's physical signature is constitutionally required for clemency actions, a practice widely used by previous administrations.

Dinesh D'Souza, in a recent tweet, stated, "> Here's why there is absolutely a case to be made for the invalidity of Biden's "autopen" pardons." This sentiment echoes former President Trump's assertions on Truth Social, where he declared Biden's autopen-signed pardons "VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT," alleging Biden lacked knowledge of them. The pardons in question notably included those for members of the January 6th House committee, Dr. Anthony Fauci, General Mark Milley, and some of Biden's family members.

However, legal consensus overwhelmingly indicates that the use of an autopen does not invalidate presidential actions, including pardons. Constitutional law experts emphasize that the U.S. Constitution does not mandate a handwritten signature for pardons to be legally binding. Furthermore, once granted, presidential pardons are generally considered irrevocable.

Historical precedent supports the use of autopens by U.S. presidents for various official documents. Presidents such as Barack Obama, John F. Kennedy, Thomas Jefferson, Harry Truman, and Lyndon Johnson have all utilized autopen devices. A 2005 memo from the Department of Justice, issued during the George W. Bush administration, explicitly stated that a president could sign a bill into law by directing a subordinate to affix their signature, including via autopen.

Former President Biden has publicly addressed the controversy, affirming that he personally made every decision regarding the pardons and that the autopen was used for efficiency due to the large volume of clemency actions. He dismissed the allegations as politically motivated, linking them to broader criticisms of his mental acuity. Despite ongoing scrutiny from some Republican figures and the Heritage Foundation's Oversight Project, the legal pathway for successfully challenging these pardons remains exceedingly narrow, according to most legal analysts.