US President Donald Trump has declared that all pardons and commutations signed by his predecessor Joe Biden with an autopen are void, but can he actually do it? The autopen is a mechanical device used to facilitate signatures without a person's physical presence.
According to reports, Biden signed over 4,200 acts of clemency during his presidency, with most being commutations or reductions in sentence. However, the exact number and nature of these documents signed by autopen remain unclear.
Trump has taken issue with Biden's use of the autopen, claiming it reflects on his physical and mental frailty, but experts say this move is not enforceable. Bernadette Miller, a constitutional law expert at Stanford University, stated that Trump does not have the power to reverse pardons or commutations, adding that any laws or pardons signed by Biden with an autopen remain valid.
The US Constitution also doesn't specify whether a pardon must be signed by hand, and an 1869 judicial ruling found that once delivered, a pardon is final. PolitiFact reported that there's no constitutional mechanism for overturning pardons.
Trump's move could potentially affect pre-emptive pardons issued to US legislators who investigated the January 6 attack on the Capitol. However, it remains unclear how many documents were signed by Biden with an autopen and which ones would be affected.
Biden was not the first president to use an autopen, according to PolitiFact. Similar devices have been used throughout US history, but technology has advanced over time, changing their nature. Other presidents like Thomas Jefferson and John F Kennedy also used various versions of the autopen.
In summary, while Trump's declaration may be seen as a symbolic move, its effectiveness remains uncertain due to the lack of constitutional mechanism for overturning pardons.
According to reports, Biden signed over 4,200 acts of clemency during his presidency, with most being commutations or reductions in sentence. However, the exact number and nature of these documents signed by autopen remain unclear.
Trump has taken issue with Biden's use of the autopen, claiming it reflects on his physical and mental frailty, but experts say this move is not enforceable. Bernadette Miller, a constitutional law expert at Stanford University, stated that Trump does not have the power to reverse pardons or commutations, adding that any laws or pardons signed by Biden with an autopen remain valid.
The US Constitution also doesn't specify whether a pardon must be signed by hand, and an 1869 judicial ruling found that once delivered, a pardon is final. PolitiFact reported that there's no constitutional mechanism for overturning pardons.
Trump's move could potentially affect pre-emptive pardons issued to US legislators who investigated the January 6 attack on the Capitol. However, it remains unclear how many documents were signed by Biden with an autopen and which ones would be affected.
Biden was not the first president to use an autopen, according to PolitiFact. Similar devices have been used throughout US history, but technology has advanced over time, changing their nature. Other presidents like Thomas Jefferson and John F Kennedy also used various versions of the autopen.
In summary, while Trump's declaration may be seen as a symbolic move, its effectiveness remains uncertain due to the lack of constitutional mechanism for overturning pardons.