Trump Challenges Biden’s Presidential Pardons, Raising Legal Questions

President Donald Trump says he believes former President Joe Biden’s last-minute pardons are null and void, raising questions about the legality of autopen-signed presidential clemency.

Quick Takes

Donald Trump claims Joe Biden’s pardons for Jan. 6 Committee members and others are “VOID” because they were signed by autopen, not Biden himself.
Trump suggests Biden, at 82, was unaware of the pardons, questioning his mental capacity and implying possible criminal activity by staff.
Missouri Attorney General Andrew Bailey has called for a DOJ investigation into whether Biden’s cognitive decline allowed staff to enact policies without his knowledge.
The pardons included preemptive protection for all nine Jan. 6 Committee members, General Mark Milley, and Dr. Anthony Fauci.
Legal experts are doubtful about whether courts would invalidate pardons based on autopen signature claims.

Trump Challenges Legitimacy of Biden’s Last-Minute Pardons

President Donald Trump has forcefully rejected the validity of pardons issued by former President Joe Biden during his final days in office. In a strongly worded statement, Trump declared that the pardons given to members of the January 6 Committee and others are “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” due to their alleged execution via autopen rather than by Biden’s own hand. The assertion directly challenges the constitutional authority of Biden’s last acts as president and raises questions about the legal standing of those who received pardons, including high-profile figures who investigated Trump’s actions surrounding the Capitol events of January 6, 2021.

President Trump claims that former President Biden's preemptive pardons for members of the Jan. 6 Select Committee and others were "void, vacant, and of no further force or effect" due to him using an autopen. https://t.co/j3LEeR08Tv

— NBC 15 News (@mynbc15) March 17, 2025

Questions of Biden’s Awareness and Staff Involvement

Trump’s challenge goes beyond mere technicality. He alleged Biden wasn’t even aware of the pardons issued in his name. “He knew nothing about them, and the people that did may have committed a crime,” Trump claimed, directly attacking the 82-year-old former president’s mental capacity and suggesting potential criminal wrongdoing by White House staff. This accusation taps into longstanding concerns about Biden’s cognitive abilities that persisted throughout his presidency and eventually contributed to his decision not to seek reelection. Trump specifically targets the Jan. 6 Committee members, suggesting they orchestrated their own pardons without Biden’s knowledge or understanding.

Missouri Attorney General Andrew Bailey previously called for a Department of Justice investigation into whether Biden’s alleged cognitive decline allowed staff to implement policies without his knowledge or consent. Bailey suggested that if autopen signatures were used without Biden’s direct authorization, the pardons could be constitutionally void.

High-Profile Pardon Recipients Now in Limbo

The pardons in question cover an extensive list of Biden administration figures and Trump critics. Biden issued preemptive pardons to all nine members of the Jan. 6 Committee, including Rep. Bennie Thompson and former Rep. Liz Cheney, a vocal Republican critic of Trump. Other notable recipients include General Mark Milley, who has described Trump as a “wannabe dictator,” and Dr. Anthony Fauci, who faced intense criticism from Republicans over his handling of the 2020 health emergency and congressional testimony regarding the virus’s origins. Trump has characterized many of these individuals as guilty of “MAJOR CRIMES” and suggested the pardons were “disgraceful.”

Trump has warned that the Jan. 6 Committee members could now face “investigation at the highest level,” directly threatening legal consequences despite the preemptive pardons they received. He specifically accused committee members of tampering with evidence related to investigations against him, claiming they deleted crucial documents. This position signals a potential new front in Trump’s efforts to seek accountability from those who investigated his actions during and after his first term, particularly regarding the events surrounding January 6, 2021.

Legal Uncertainty Surrounds Autopen Pardon Challenge

The autopen has been used by previous presidents for signing legislation and other documents when they were unavailable to sign in person. Former President Barack Obama also reportedly granted many pardons by autopen. However, the constitutional question of whether a president must physically sign pardons or whether an authorized representative can do so on their behalf has not been definitively settled by the courts, and some legal experts have reportedly expressed their doubts that Trump could revoke a pardon that has already been granted by a previous president. Kimberly Wehle, a University of Baltimore law professor, suggested it is “conceivable” yet “unlikely” that the Supreme Court could view Biden’s presidential pardons differently than typical clemency due to past rulings on the scope of pardon power.

Trump, when he was questioned in a gaggle aboard Air Force One about whether the pardons will hold up, he said, “It’s not my decision; that’ll be up to a court. But I would say that they’re null and void.”

The controversy reflects continuing tensions surrounding Trump’s return to office and his approach to addressing actions taken by the Biden administration. By challenging the validity of these pardons, Trump is signaling a willingness to revisit and potentially reverse key decisions made by his predecessor. For those who received pardons from Biden, particularly those who directly opposed or investigated Trump, the president’s declaration creates significant legal uncertainty and potential vulnerability as the new administration continues to consolidate its authority and implement its agenda.