President Donald Trump announced on March 15, 2024, that he considers all documents and orders signed by Joe Biden using an autopen to be “terminated, and of no further force or effect.” This declaration raises significant legal questions and may have wide-ranging implications for Biden’s presidential actions, including high-profile executive orders related to reproductive rights, climate policy, and various pardons.
In a post on Truth Social, Trump asserted that approximately 92 percent of documents bearing Biden’s signature were actually signed by an autopen. He claimed, “The Autopen is not allowed to be used if approval is not specifically given by the President of the United States,” accusing what he termed “Radical Left Lunatics” of operating the device illegally. Trump further asserted that if Biden denies his lack of involvement in the autopen process, he “will be brought up on charges of perjury.”
The assertion regarding the autopen’s use comes from a House Oversight Committee report released in 2024, which examined thousands of documents to draw its conclusions. Critics note, however, that the report has not been reviewed by independent auditors or forensic experts, leading some Democrats to label it as a “political diversion.” They also highlight that previous courts have never invalidated autopen signatures, including those of former Presidents George W. Bush and Barack Obama.
While it is acknowledged that Biden has used the autopen more frequently than his predecessors, he and his former staff maintain that it was only utilized when he was unavailable and with his explicit permission. The House report did not provide direct evidence suggesting that White House staff used the autopen without Biden’s authorization.
Trump’s declaration could lead to significant legal battles, especially regarding Biden’s pardons, which are generally considered final under Article II of the Constitution. Courts have consistently held that a president cannot revoke a predecessor’s pardon, meaning any effort by Trump to invalidate these pardons is likely to face substantial legal obstacles.
As the political landscape evolves, this controversial declaration not only intensifies the ongoing tensions between the two administrations but also raises questions about the legitimacy and oversight of presidential powers. With Trump poised to assert his authority, the potential ramifications for Biden’s policies and legal decisions could unfold in the courts in the months to come.
