Trump Accuses Biden of Misusing Pardons in Wake of January 6 Events

Man speaking at podium outdoors gesturing with hand

President Donald Trump declares President Biden’s pardons for January 6 Committee members and others invalid, claiming they were signed via autopen without Biden’s knowledge or consent.

Key Takeaways

Trump claims Biden’s pardons are “void, vacant, and of no further force or effect” because they were allegedly signed using an autopen rather than by Biden himself.
Trump suggests Biden “knew nothing” about the pardons due to cognitive decline, and that those who facilitated them may have committed crimes.
Missouri Attorney General Andrew Bailey has called for a DOJ investigation into whether Biden’s cognitive state allowed unauthorized policy actions.
Trump indicated that courts would ultimately decide the validity of the autopen-signed pardons.
The disputed pardons preemptively protected January 6 Committee members and other Trump political adversaries from potential prosecution.

Trump’s Challenge to Biden’s Pardons

President Donald Trump has taken a firm stance against the pardons issued by President Biden in the final days of his administration, specifically targeting those granted to members of the January 6 Committee and other political figures. In a statement posted to his Truth Social platform, Trump declared these pardons invalid, alleging they were not personally approved by Biden but rather signed using an autopen device that mechanically reproduces signatures. This assertion strikes at the heart of the constitutional pardon power and raises questions about executive authority.

Trump further alleged that Biden’s cognitive decline rendered him incapable of understanding the pardons he was issuing. “He knew nothing about them, and the people that did may have committed a crime,” declared Trump. This accusation implies that White House staff or officials may have overstepped their authority in facilitating these pardons without proper presidential oversight, potentially opening them to legal scrutiny. The president’s statements suggest he is laying groundwork for potentially challenging or reversing these pardons.

HOLY MACRO!!

President Trump declares Biden’s Pardons “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” pic.twitter.com/gA7J7oXrGS

— I Meme Therefore I Am 🇺🇸 (@ImMeme0) March 17, 2025

Legal Questions Surrounding Autopen Use

The controversy has attracted attention from legal authorities questioning the legitimacy of pardons signed via autopen. Missouri Attorney General Andrew Bailey has entered the fray, suggesting that these pardons could be unconstitutional and calling for a Department of Justice investigation. The central question revolves around whether a pardon must bear the president’s actual signature or whether a mechanical reproduction suffices. While autopens have been used by various officials and presidents for years, their use for constitutional powers like pardons presents unique legal challenges.

Trump acknowledged aboard Air Force One that the validity of the pardons would ultimately be determined by courts, not by his declaration alone going on to say when pressed on the topic that “It’s not my decision, that’ll be up to a court.” . Historical precedent may complicate the issue, as a federal appeals court has previously ruled that presidential pardons do not necessarily need to be in writing to be valid. This suggests that the form of the signature might not be the deciding factor in determining a pardon’s legitimacy. Rather, the question may center on whether Biden authorized the pardons, regardless of how they were physically signed.

Political Implications and Ongoing Tensions

The contested pardons represent the latest flashpoint in the ongoing political aftermath of the January 6 Capitol riot. Biden’s preemptive pardons for January 6 Committee members, his family, Dr. Anthony Fauci, and General Mark Milley were apparently designed to shield them from potential prosecution under the second Trump administration. Trump’s administration has now issued over 1,500 pardons and commutations related to the January 6 attack, further highlighting the deep divisions surrounding the event and its investigation.

Critics warn that attempting to void presidential pardons could set a dangerous precedent for future administrations, potentially undermining the constitutional separation of powers. The Oversight Project, a right-wing think tank, has supported Trump’s assertions, claiming Biden’s use of the autopen constitutes a constitutional violation. Trump has also accused the January 6 Committee of destroying evidence, though he has not provided specific proof of this claim. These tensions signal that the political and legal battles surrounding January 6 will likely continue throughout Trump’s presidency.