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Trump claims to have revoked Biden’s autopen pardons, raising questions about the legality and implications of such actions.

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In an unprecedented and highly controversial move, former President Donald Trump declared the invalidation of pardons and commutations granted by President Joe Biden through the use of an autopen. This bold assertion raises significant questions regarding the authority of a sitting president to overturn such legal decisions and the implications for those affected. As the political landscape in the United States continues to evolve, the ramifications of this declaration may send ripples through the legal community and the fabric of American governance.

Former U.S. President Donald Trump has recently announced that he has voided all pardons and commutations granted by his predecessor, President Joe Biden, which were purportedly signed using an autopen device. On Tuesday evening, Trump took to his social media platform, Truth Social, to post, “Any and all Documents, Proclamations, Executive Orders, Memorandums, or Contracts, signed by Order of the now infamous and unauthorized ‘AUTOPEN,’ within the Administration of Joseph R. Biden Jr., are hereby null, void, and of no further force or effect.” Furthermore, he cautioned individuals who received such legal documents that they have been fully and completely terminated and hold no legal weight.

However, legal experts are largely skeptical about the enforceability of Trump’s declaration. Bernadette Miller, a constitutional law expert at Stanford University, stated, “This declaration has no legal effect. Any laws or pardons that Biden signed by autopen remain valid. The only exception would be an executive order that has effect only until rescinded by the same or another president.” Legal analysts further point out that the U.S. Constitution lacks any provisions allowing a president to revoke pardons, a principle affirmed by a judicial ruling from 1869.

During his four years in office, Biden issued a record 4,245 acts of clemency, marking the highest number for any president since the early 20th century, according to the non-partisan Pew Research Center. Though Biden granted only 80 individual pardons, a number lower than many of his predecessors, he was known for broader clemency actions impacting various groups, including military veterans previously convicted for offenses that have since been repealed, such as a ban on gay sex. Additionally, Biden issued pardons that benefited individuals with federal marijuana convictions, reflecting a shift toward more progressive criminal justice policies.

Trump has frequently criticized Biden’s use of the autopen, suggesting it symbolizes a lack of physical and mental vigor on Biden’s part. He has specifically pointed to certain “preemptive” pardons aimed at legislators who investigated the January 6, 2021 attack on the Capitol as being void due to the method of their signing. However, it remains unclear precisely how many of Biden’s clemency decisions were executed using the autopen and the exact impact of Trump’s announcement on those individuals.

As the debate surrounding this development unfolds, it highlights the complex interplay between the executive powers of the presidency and the legal framework governing pardons. Historically, the autopen has been employed by numerous presidents, from Thomas Jefferson to Barack Obama. Nevertheless, the current discourse regarding its use in relation to pardons brings forth important discussions about authority, accountability, and the evolving nature of presidential powers in the United States.

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