Donald Trump Cannot Invalidate Joe Biden's Pardons

Here's what you need to know

In a stunning assertion of executive power, Donald Trump has declared that all pardons issued by Joe Biden before leaving office are null and void. However, legally speaking, this claim holds no weight. The presidential pardon power is absolute, and there is no constitutional or legal precedent that allows a sitting president to revoke the legitimate pardons of a predecessor.

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The Presidential Pardon Power Is Absolute

The U.S. Constitution grants the president the exclusive authority to issue pardons under Article II, Section 2, which states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”

There is no provision allowing a future president to overturn pardons that have already been granted. Once a pardon is issued and accepted by the recipient, it is final—even if a new administration disapproves. Courts have consistently ruled that the presidential pardon power is not subject to congressional or judicial review unless the pardon itself was procured through fraud (which there is no evidence of in Biden’s case).

No Evidence of Autopen Use

Trump’s claim appears to rest on the baseless assertion that Biden’s pardons were improperly signed using an autopen—an automatic signing device that reproduces a person’s signature. However, there is no evidence that Biden used an autopen to sign pardons before leaving office.

Even if Biden had used an autopen, it wouldn’t invalidate the pardons. The presidential signature does not require direct, handwritten execution as long as it reflects the president’s authorization. This leads to the next key point.

The Bush Administration’s 2005 Memo Supports Autopen Use

Even if Trump were correct in claiming that Biden used an autopen (again, there is no proof), it would not matter. In 2005, the Bush Justice Department issued a memo confirming that a president can legally use an autopen to sign a bill into law. This memo set a precedent that presidential signatures made via autopen are legally valid. The same logic would apply to pardons.

In fact, autopen signatures have been used by multiple administrations, including George W. Bush, Barack Obama, and Joe Biden, for signing various official documents, from legislation to routine executive orders. If an autopen is sufficient to sign a law, there is no legal reason why it would be insufficient for a pardon.

Trump’s Claim Has No Legal Standing

Trump’s attempt to declare Biden’s pardons null and void is purely political rhetoric with no basis in law. The absolute nature of the pardon power, the lack of evidence of improper signing, and existing legal precedent on autopen useall reinforce that Biden’s pardons cannot be overturned.

If Trump were to attempt to enforce his declaration, it would almost certainly be challenged in court—and given the clear constitutional protections of the pardon power, it would be swiftly struck down.

Conclusion

Trump’s claim that he can revoke Biden’s pardons is legally baseless and constitutionally indefensible. The presidential pardon power is final, and no president—not even Donald Trump—can undo pardons once they have been granted. His assertion is yet another example of executive overreach that is unlikely to withstand legal scrutiny.