Trump purports to 'void' Biden pardons
Joe Biden's pardons of Jan. 6 committee members are not valid because they were done by autopen, says Trump


What happened
President Donald Trump early Monday said on social media he was declaring former President Joe Biden's pardons of members of the House Jan. 6 committee "void, vacant and of no further force or effect" because "they were done by autopen." The Jan. 6 committee members, he said, would now be "subject to investigation at the highest level." He provided no evidence Biden's pardons were signed with an autopen or why that would render them invalid.
Who said what
Presidents have "broad authority to pardon or commute the sentences of whomever they please, the Constitution doesn't specify that pardons must be in writing and autopen signatures have been used before for substantive actions by presidents," The Associated Press said. There's also "no power in the Constitution or case law to undo a pardon," The New York Times said. Trump was implicitly posting his "belief that the nation's laws should be whatever he decrees them to be," and his focus on the Jan. 6 committee members was a "jolting reminder that his appetite for revenge has not been sated."
The president's recent focus on autopens can be traced to the conservative Heritage Foundation's Oversight Project, which "heavily perpetuated" the theory that Biden — or one of his aides — used the device to sign important documents, NPR said. Most of the group's "initial analysis relied on documents in the Federal Register," which affixes the same digital copy of a president's signature to every signed document, The Washington Post said. The "hard copies — which would contain the actual signature — belong to the National Archives."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The "autopen narrative started to fall apart" Monday afternoon, when White House press secretary Karoline Leavitt said Trump was merely "begging the question" of whether Biden was aware of the pardons, the Times said. After she was "reminded" that Biden had "spoken publicly about them," she "acknowledged that she had no evidence" for the allegations.
What next?
Moving to "investigate or prosecute" anyone pardoned by Biden "would mark a significant escalation of Trump's defiance of longstanding legal norms," The Wall Street Journal said. Trump would "likely lose a legal challenge," Axios said, but only after subjecting pardoned officials to an "expensive, stressful legal battle."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
Experts are split on the findings in RFK Jr.'s 'MAHA' report
In the Spotlight The HHS secretary's report targeted processed foods and vaccines, among other things
-
Jony Ive changed the world with the iPhone. Can he do it again with OpenAI?
Talking Points Ive is joining OpenAI, hoping to create another transformative piece of personal technology. Can lightning strike twice?
-
Elon Musk says he's 'done enough' political spending. What does that really mean?
TODAY'S BIG QUESTION The world's richest man predicted he'd do 'a lot less' electoral financing moving forward. Has Washington seen the last of the tech titan?
-
Elon Musk says he's 'done enough' political spending. What does that really mean?
TODAY'S BIG QUESTION The world's richest man predicted he'd do 'a lot less' electoral financing moving forward. Has Washington seen the last of the tech titan?
-
Tied Supreme Court blocks church charter school
speed read The court upheld the Oklahoma Supreme Court's decision to bar overtly religious public charter schools
-
'Organ donation is kindness'
Instant Opinion Opinion, comment and editorials of the day
-
GOP megabill would limit judicial oversight of Trump
speed read The domestic policy bill Republicans pushed through the House would protect the Trump administration from the consequences of violating court orders
-
Home energy: Bills are up, efficiency is out
Feature The Energy Star program saves Americans billions of dollars, but the Trump administration plans to 'eliminate' it.
-
Judge scolds DOJ over Newark mayor arrest
speed read Ras Baraka was arrested during a May 9 surprise visit to a migrant detention facility
-
Trump lectures South Africa president on 'white genocide'
speed read Trump has cut off aid to South Africa over his demonstrably false genocide claims
-
'These businesses have appealed to generations'
Instant Opinion Opinion, comment and editorials of the day