President Donald Trump claimed last-minute pardons by President Joe Biden for members of the January 6 committee, Biden’s family and others are “void” following a report by the conservative Heritage Foundation that claims Biden signing them with an autopen raised questions over their accuracy.

A report by a hard-right group alleges Biden signed several last-minute pardons using an automated … [+] device, leading Trump to claim they are “void.”

AFP or licensors

Key Facts

Trump wrote on Truth Social early Tuesday that Biden’s pardons for lawmakers and staffers who served on the House Jan. 6 committee are “void, vacant and of no further force or effect” because they were signed by an autopen.

He claimed, without evidence, the documents “were not explained to, or approved by, Biden” and that he “knew nothing about them.”

Trump had earlier told reporters late Sunday he believed Biden’s pardons were “null and void” and alleged Biden “didn’t have any idea [they were] taking place,” suggesting someone other than Biden used an autopen to “sign off and to give pardons.”

Trump signaled his administration may challenge the orders in court, noting a decision to void the pardons is “not my decision” and will “be up to a court.”

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Heritage Foundation Claims Biden Signed Pardons With Autopen

Trump’s claims followed a report last week from the Heritage Foundation—which crafted the controversial policy blueprint Project 2025—raising questions about pardons signed by Biden while he was on vacation. The group appeared to match two of Biden’s signatures across each pardon, alleging the former president used at least two autopen devices to sign documents. The Heritage Foundation claimed Biden used an autopen to sign pardons for Dr. Anthony Fauci, Gen. Mark Milley, former Democratic Party Chair Jerry Lundergan, members of the House Jan. 6 committee and members of Biden’s family, including his son Hunter Biden, his brother James and wife Sarah, among others. The group also claimed Biden used an autopen to pardon dozens of death row inmates and nearly 1,500 people who were placed under house arrest during the pandemic. Biden has not responded to or commented on the report’s claims.

What Is An Autopen?

An autopen is a device often used by celebrities, politicians and other public figures to automatically write their signatures. Earlier versions of the autopen have been used for centuries: Former President Thomas Jefferson first used a “polygraph” in 1804, a device that allowed Jefferson to copy his writings.

Have Other Presidents Used Autopens?

Former President Gerald Ford and his wife Betty often used autopens to reproduce signatures on photographs and letters, and it’s suspected other presidents like Harry Truman and John F. Kennedy also used the device. George W. Bush used an autopen during his presidency, and Barack Obama was the first president to use an autopen to sign legislation in 2013, according to NPR.

Are Biden’s Pardons Void If He Used An Autopen?

It’s not immediately clear whether a court would void Biden’s pardons, though earlier court decisions suggest Biden’s clemency orders would be upheld. A federal appeals court ruled last year that a pardon does not have to be in writing, citing a 1929 Justice Department opinion indicating the acting president can pardon someone however they choose. The White House’s legal counsel argued for Bush’s use of the device in 2005, suggesting the former president was protected by the Constitution and could order a subordinate to sign documents for him, including by autopen. It’s not immediately clear whether Biden used an autopen or asked staffers to use one in his place.

Key Background

Biden issued thousands of pardons in the weeks leading up to the end of his presidency, including multiple single-day records. In December, Biden controversially pardoned his son Hunter Biden—including felony convictions for lying on a federal gun form and a guilty plea for tax violations—after previously ruling out pardoning him. Two weeks later, Biden commuted sentences for 1,499 people who were placed under house arrest during the pandemic who had served at least one year of their sentences and pardoned 37 death row inmates. Those under house arrest were not identified, though the White House said among those pardoned included a military veteran and a nurse who “helped spearhead vaccination efforts.” He pardoned nearly 2,500 people convicted of nonviolent drug offenses on Jan. 17, saying he believed they were serving “disproportionately long sentences” than what they would receive “under current law, policy, and practice.” Biden issued preemptive pardons to Milley, Fauci and the House Jan. 6 committee on Jan. 20, suggesting they would be targeted by the incoming Trump administration with “politically motivated” investigations and prosecutions. He pardoned another five family members that same day, citing “baseless and politically motivated investigations” by Trump’s allies to target political rivals and their families as motivation for the pardons.

Further Reading

Biden Issues Preemptive Pardons For Trump Foes Fauci, Milley And Jan. 6 Committee (Forbes)

Biden Pardons Five More Family Members—Minutes Before Leaving Office (Forbes)