Can Trump actually void Biden pardons? Legal experts weigh in on the president's shock move

President Donald Trump sparked confusion when he declared President Biden’s pardons ‘void, vacant’ overnight, but legal experts say not so fast.

The 78-year-old president claimed that his predecessor’s pardons for members of the January 6 committee and others were not valid because they were signed using an autopen.

However, many presidents, including Trump, have regularly utilized autopens, and the validity of documents signed in this manner by a president has previously been deliberated.

According to John Yoo, a former Justice Department official and professor at Berkeley Law, ‘The Bush Justice Department extensively reviewed this issue and determined that as long as the president makes the ultimate decision, he has the authority to delegate the physical signing of the document to staff members.’

‘I cannot see the courts rejecting this – it builds on centuries of practice and a long legal tradition of allowing agents to sign on behalf of their principals,’ Yoo added.  

It’s believed that President Harry Truman was the first president to regularly use the modern autopen. 

President George W Bush commissioned the Justice Department to look into the constitutionality of the use of an autopen. 

In response to Trump’s claims, multiple legal experts pointed to the Bush administration opinion. 

President Trump claimed that President Biden's pardons of the January 6 committee members and others were 'void, vacant' because of his use of an autopen

President Trump claimed that President Biden’s pardons of the January 6 committee members and others were ‘void, vacant’ because of his use of an autopen 

In 2005, Deputy Assistant Attorney General Howard Nielson Jr. wrote in the memo  that ‘the president need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law.’

The legal counsel opinion noted the president could sign a bill by directing a subordinate to attach the signature including by autopen. 

Despite the conclusion, Bush never used an autopen to sign legislation. 

However, President Barack Obama used an autopen on numerous occasions including to sign legislation while overseas and on vacation in Hawaii. 

Article I,  Section 2 of the U.S. Constitution grants the president pardon power, but there is no power in the Constitution to overturn a pardon.

While legal experts point out that there is longstanding legal opinion on the matter, Trump’s claim raises questions over his future plans.

‘It’s laughable in a senes that it’s utterly absurd. No reasonable lawyer, no reasonable politician would ever say anything like this,’ said American University Department of Government professor Chris Edelson of Trump’s pardons claim.

‘But it’s dangerous because Donald Trump is operating without guardrails.  He’s operating on a system that has partially collapsed,’ Edelson said.

If Trump is laying the groundwork to go after political foes on the committee regardless of legal basis, it could lead to a long and expensive battle.

‘This is an administration that has made clear they do not think that the law matters,’ Edelson said.  

Trump posts unsubstantiated claims about Biden pardons that were signed with an autopen

Trump posts unsubstantiated claims about Biden pardons that were signed with an autopen

In his post, Trump claimed without evidence that Biden did not know about the pardons and suggested others committed a crime.

It comes as the accusation against Biden has been floated by conservatives and conspiracy theorists online.  

But when asked with a reporter on Air Force One while heading back to Washington whether Biden’s pardons and executive orders were ‘null and void’ Trump signaled it was not cut and dry.

‘Well I think so. It’s not my decision. That would be up to a court,’ Trump said.

‘I would say that they’re null and void because I’m sure that Biden didn’t have any idea that it was taking place,’ he repeated the unsubstantiated claim.

On Monday, White House Press Secretary Karoline Leavitt somewhat backtracked  Trump’s autopen claim when she argued that the president was ‘begging the question’ on whether Biden knew about the pardons.

One day before leaving office on January 19, Biden issued preemptive pardons to members of Congress who served on the select committee investigating the January 6 attack on the U.S. Capitol as well as committee staff and police who testified. 

Committee member former Republican Congressman Adam Kinzinger took Trump’s pardons post as a threat. 

The longtime Trump critic fired back in a social media video post on Monday: ‘Hey Trump, bring it on dude.’

 

 

 

 

 

You May Also Like

17 people died in a plane crash off the coast of Honduras shortly after take-off, including a music star and 6 other passengers.

A PLANE carrying 17 people has tragically crashed into the sea killing…

Donald Trump and Putin to Discuss Ukraine’s Future in Phone Call Today

DONALD Trump said he and Vladimir Putin will decide Ukraine’s fate in…

Could Trump’s release of 80,000 JFK files expose the truth behind KGB agents, mob connections, and a mysterious call to a UK newspaper?

NEW glimpses into John F Kennedy’s assassination could be revealed as the…

Witness stunning moment two immense 45-ton whales shield diver from aggressive shark in amazing video

HEARTSTOPPING footage shows the moment two giant whales move in to protect…

Antarctic Scientist Under Stress: Allegedly Assaults Colleagues and Threatens Them, Team Seeks Rescue from Isolated Base

A South African scientist who allegedly assaulted and threatened to kill a…

Yaya DaCosta shares heartwarming reunion with Tyra Banks

Yaya DaCosta Reveals Healing Reunion with Tyra Banks Following Trauma as she…

Family of Pitt student asks Dominican Republic officials to declare her deceased

The family of a University of Pittsburgh student who vanished on vacation…

Guess Who? A Major TV Star’s Unrecognisable Childhood Photo Sparks Adoration

Maya Jama looked unrecognisable as she shared an adorable childhood snap of…

“Police Offered Snack to Obtain Luigi Mangione’s DNA Following Illegal Search, Lawyers Claim”

Luigi Mangione’s lawyers in Pennsylvania have requested the court to dismiss evidence…

Stephen Graham’s strong support system: The story of his wife who stood by him from the start and her achievements in the industry

Stephen Graham, a British actor, is well-known for his authentic performances in…

New report identifies the youngest victim of October 7 attack as a 14-hour-old baby who was shot while still in his mother’s womb. Hamas is named as responsible for the deaths of all 18 British individuals for the first time.

The latest victim of the assaults carried out by Hamas on October…

“Lucy Hale’s Journey from Hannah Montana Audition to Early Career Success”

Lucy Hale reflects on auditioning for Hannah Montana which solidified her desire…