Trump Questions Biden's Pardons and Claims they are "Void"

(The Post News)– In a recent statement, President Donald Trump dismissed former President Joe Biden’s last-minute pardons as “void” and suggested that Biden may not have personally authorised them. Speaking aboard Air Force One, Trump speculated whether a “radical left lunatic” in the office had been responsible for signing the pardons without Biden’s knowledge.

Trump took to Truth Social to emphasise his position, declaring that Biden’s pardons should be considered “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” He further accused Biden of ignorance regarding the pardons and raised concerns about the potential criminality of those involved in the process. However, the Department of Justice has not charged any officials from the Biden administration in connection with the pardons.

Among the pardoned individuals were Dr Anthony Fauci, who played a significant role during the COVID-19 pandemic; a member of the January 6th committee; and former Chairperson of the Joint Chiefs of Staff, Gen. Mark Milley. Critics, including the conservative think tank Oversight Project affiliated with the Heritage Foundation, have alleged that Biden used an autopen to sign the pardons due to similarities in the signatures.

Dr Matthew Dallek, a political management professor at George Washington University, stated that Trump’s accusations reflect an obsessive desire for revenge. He noted that the use of an autopen is not unusual for presidents and has not historically sparked controversy.

Former Rep. Adam Kinzinger, who served on the January 6th committee, highlighted Trump’s fixation on personal disputes. He claimed he is more preoccupied with Kinzinger and Liz Cheney than with more pressing issues. Trump defended his use of the autopen, stating it’s a practical tool for managing the deluge of correspondence he receives.

In an 1869 ruling, a federal court wrote: “The law undoubtedly is that when a pardon is complete, there is no power to revoke it, any more than there is power to revoke any other completed act,” making the argument that pardons can be reversed is a risk for Trump himself.

“Even under Trump’s conception of unlimited presidential power, a future president could undo anything he did – and I assume he would not be happy with that,” said Michael Gerhardt, a University of North Carolina law professor

“Presidents historically have not personally signed grants of pardons for every individual they granted clemency to,” notably when granted in large batches such as mass amnesties following wars, said Dan Kobil, a Capital Law School professor.

Legal experts disagree, stating the Constitution does not require a handwritten signature for pardons. Historical and legal precedents support the use of autopens by presidents, including Barack Obama and George W. Bush. Experts also confirm that pardons, once granted, cannot be revoked. Trump’s argument risks setting a precedent that could undermine his actions if applied to future presidencies.