Trump's Claims on Biden's Pardons Lack Evidence
Former President Trump has alleged that numerous pardons granted by President Joe Biden are invalid because they were signed using an "autopen" rather than by hand. An autopen is a device that replicates a person's signature. Trump shared this claim on Truth Social but did not provide supporting evidence.
Investigations by BBC Verify have revealed multiple instances where Biden personally signed pardons by hand. Additionally, a standard presidential signature is used for U.S. government documents archived in the Federal Register, a practice that has been consistent across administrations, including Trump's.
Legal experts confirm that U.S. law does not invalidate pardons signed with an autopen. On Truth Social, Trump declared that Biden's pardons, including those related to the January 6 committee, are null because they were signed with an autopen. However, he did not specify which pardons he was referencing.
BBC Verify reviewed official images and found several instances of Biden signing pardons manually. For example, in October 2022, Biden was photographed signing an order pardoning individuals jailed for marijuana possession, and he also signed pardons for non-violent offenders that year. It remains unclear if Biden has ever used an autopen exclusively for pardons.
In May of the previous year, CNN reported Biden used an autopen to sign a bill extending federal aviation funding. BBC Verify has requested information from Biden's office about his use of the autopen and sought evidence supporting Trump's claims from the White House.
Trump's assertions seem to be influenced by the Oversight Project, part of the Conservative think tank The Heritage Foundation, which claimed that Biden's January 19 pardons bore identical autopen signatures. The Heritage Foundation has previously pointed to other Biden documents with autopen signatures, supported by screenshots from the Federal Register.
A National Archives spokesperson explained to Snopes that each administration provides a sample signature to the Federal Register for creating a graphic image used in official documents. This practice was observed during both Trump administrations, where identical signatures appeared on documents, including pardons for January 6 rioters, which Trump had signed by hand.
Presidential pardons are also published by the U.S. Department of Justice, which has been asked about document archiving practices. Legal experts assert that U.S. law does not deem documents signed by autopen as invalid. Andrew Moran, a politics professor, noted that past presidents have used autopen for less critical documents, but he expected Biden to sign pardons by hand.
A 2005 Department of Justice memo stated that a president could direct a subordinate to use an autopen for signing bills. While George W. Bush did not use autopen, President Obama did in 2011, and earlier presidents like JFK and Truman also utilized it.
Professor Erin Delaney from UCL argues that any attempt by Trump to overturn Biden's pardons would breach constitutional norms and would require legal action against those pardoned. Challenging pardons due to autopen use could also impact other government processes involving automatic signatures.
Professor Moran highlighted the rarity of a president revoking a predecessor's pardon, citing a historical example from Andrew Johnson's presidency. He suggested that if Trump pursued legal action against those pardoned, it would lead to a constitutional test in court.