Trump Challenges Validity of Biden Pardons with Unfounded Claims
President Trump attempts to declare Biden's pardons void, alleging they were signed by autopen, despite lack of evidence and constitutional support.
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Overview
Former President Trump claimed that President Biden's pardons are "VOID" due to alleged autopen signatures, a claim lacking evidence and constitutionality. Analysts doubt Trump's authority to revoke such pardons, pointing out that the US Supreme Court has recognized the broad presidential power of pardons. Trump’s statements appear designed to revive discussions about Biden's cognitive health and distract from his own administration's controversies. Legal experts argue that no president has the authority to invalidate a predecessor’s pardons, and challenges to Biden's pardons would likely be dismissed.
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Analysis
- Trump's claims that Biden's pardons are invalid because they were signed by autopen lack evidence and may be legally dubious given the presidential pardon power's constitutional protection.
- Historical precedent shows that pardons cannot be revoked by a subsequent president, and there may be no legal grounds to challenge the pardons issued by Biden.
- The discussions surrounding the legitimacy of Biden's pardons serve more as a political distraction from Trump's behavior and aim to intimidate perceived political enemies.
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The Hill·3M·FAQ
No, the U.S. Constitution does not specify how a pardon must be issued or signed. It leaves the method of signing to the president's discretion.
No, there is no legal precedent for a president to revoke pardons issued by a predecessor. Legal experts agree that such an attempt would likely fail in court.
Yes, previous presidents, including Barack Obama and George W. Bush, have used autopens for significant documents. The use of autopens is a common practice for routine and sometimes critical paperwork.
There is no legal basis for Trump's claim. The Justice Department has previously supported the use of autopens for official documents, and no law prohibits their use for pardons.
History
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