Several attorneys have informed Newsweek that Joe Biden’s preemptive pardons for Trump’s enemies are legal and binding, even if they were signed with an autopen. Donald Trump asserted that Biden’s pardons for the January 6 committee are invalid, as they were signed using an autopen. Before the 2024 presidential election, Trump had promised over 100 times that he would prosecute and jail his political enemies. Should Trump deem Biden’s pardons invalid, he could potentially seek the prosecution of the January 6 committee that had criticized him for the riot at the Capitol.
President Joe Biden issued preemptive pardons to the January 6 committee, preventing any criminal charges against these individuals by an incoming administration. Trump declared on his social media platform, Truth Social, that Biden’s pardons are “void, vacant, and of no further effect” because they were signed with an autopen. Trump accused the committee members of destroying evidence and expressed his desire to prosecute them. The pardons also included Dr. Anthony Fauci and General Mark Milley, who were critical of Trump’s actions during the Capitol riot.
The president of a law firm in California, Neama Rahmani, stated that the use of an autopen does not invalidate any presidential document, emphasizing that the authority to sign is more important than the physical act of signing in ink. Similarly, attorney John J. Perlstein from Los Angeles affirmed that Biden’s autopen signature is valid, as pardons do not even need to be in writing according to the Constitution. Biden had the right to delegate the signing of his name to trusted members of his Cabinet, ensuring the validity of the pardons.
If Trump decides to pursue legal action against members of the January 6 committee for allegedly hiding evidence, it would likely be challenged in federal court. Additionally, under the Constitution, members of Congress have immunity for legitimate acts carried out in the course of their work, complicating any attempts to prosecute them. The legality of Biden’s pardons is supported by legal experts who affirm that the act of signing with an autopen does not invalidate the documents. Trump’s potential efforts to challenge these pardons could face legal obstacles based on the Constitution and precedent.
The conflict between Trump and Biden regarding the preemptive pardons highlights the ongoing political tensions in the United States. Trump’s insistence on invalidating the pardons and possibly pursuing legal action against the January 6 committee underscores the lingering animosity between the two political figures. Biden’s decision to issue these pardons, including to individuals who criticized Trump’s actions, reflects his stance on protecting individuals from potential persecution by the opposing party. The legal validity of Biden’s pardons, despite being signed with an autopen, showcases the complexities of presidential authority and the interpretation of legal documents in the political landscape.
Overall, the preemptive pardons issued by President Biden have sparked controversy and potential legal challenges from the opposing party. The debate over the use of an autopen and the validity of these pardons underscores the political divisions in the country. Legal experts have weighed in on the issue, affirming the legality of Biden’s pardons and the authority granted to the president to sign documents using an autopen. The potential repercussions of Trump’s response to the pardons, including seeking the prosecution of the January 6 committee, add another layer of complexity to the ongoing political struggles in the U.S.
