Trump Weighs in on Biden’s Pardons amidst January 6 Turmoil

Man speaking at podium outdoors gesturing with hand

President Trump declares Biden’s pardons for January 6 committee members invalid due to autopen signature, setting stage for potential constitutional battle over executive authority.

Quick Takes

  • Trump claims Biden’s pardons for January 6 committee members and others are “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” because they were signed by autopen.
  • Trump alleges Biden “knew nothing about” the pardons due to cognitive decline, suggesting those who facilitated them may have committed crimes.
  • Missouri Attorney General Andrew Bailey called for DOJ investigation into whether Biden’s mental state allowed unauthorized policy actions.
  • Legal experts note presidential pardons don’t technically require written documentation, raising questions about Trump’s claims.
  • The controversy highlights ongoing political tensions surrounding the January 6 Capitol riot investigation.

Trump Challenges Legitimacy of Biden’s Pardons

President Donald Trump has launched a direct challenge to the validity of pardons issued by President Biden in his final days in office. In a statement posted to his Truth Social platform, Trump specifically targeted the preemptive pardons granted to members of the House January 6 committee, Anthony Fauci, General Mark Milley, and others. Trump’s main contention centers on Biden’s use of an autopen device to sign the pardons rather than signing them personally, which Trump claims renders them constitutionally invalid.

Trump further alleged that Biden was mentally unfit to approve the pardons due to his age, stating that Biden “knew nothing about them, and the people that did may have committed a crime.” This accusation introduces a serious charge against those in Biden’s administration who processed the pardons, suggesting they acted without proper presidential authorization. The controversy has quickly escalated beyond just the technical validity of an autopen signature to questions about presidential capacity and staff overreach.

State Officials Join the Fray

Missouri Attorney General Andrew Bailey has joined Trump in questioning the legality of Biden’s autopen-signed pardons. Bailey suggested the pardons could be unconstitutional and called for a Department of Justice investigation into whether Biden’s cognitive state allowed unauthorized policy actions. This intervention by a state official shows how the controversy is expanding beyond federal jurisdiction and potentially setting up constitutional challenges from multiple angles.

When pressed by reporters about the ultimate validity of his claims regarding the pardons, Trump acknowledged the limits of his authority, “It’s not my decision, that’ll be up to a court” Trump said. This statement suggests that despite his strong rhetoric, Trump anticipates this matter will be settled through judicial review rather than by presidential decree. Legal experts note that presidential pardoning power is explicitly granted in the Constitution but contains few specific requirements about implementation.

Legal Precedent and Future Implications

The controversy raises important questions about presidential powers and their exercise. Autopens, mechanical devices that replicate signatures, have been used by various officials and previous presidents for routine documents, but their use for constitutional powers like pardons remains contested ground. The Oversight Project, a right-wing think tank supporting Trump’s position, claims Biden’s use of the autopen for pardons is unconstitutional, despite a federal appeals court previously ruling that presidential pardons do not necessarily need to be in writing.

Critics argue that allowing pardons to be voided by a subsequent administration would set a dangerous precedent. If courts were to side with Trump, it could potentially open the door for future presidents to challenge and invalidate their predecessors’ exercises of constitutional authority. Additionally, Trump has accused the January 6 committee of destroying evidence, though specifics about this allegation remain unclear. Since returning to office, Trump has issued over 1,500 pardons and commutations related to the January 6 Capitol riot, demonstrating his commitment to addressing what he views as political persecution.

Escalating Political Tensions

The dispute over Biden’s pardons represents the latest chapter in ongoing political tensions surrounding the January 6 Capitol riot and its investigation. Biden defended the committee’s work in his January statement, criticizing attempts to “undermine and intimidate” committee participants and “erase the stain of January 6th for partisan gain.” In contrast, Trump has consistently characterized the committee as politically motivated and illegitimate, referring to its members as “Political Thugs” in his recent statements.

Trump’s suggestion that those involved with the committee should anticipate “high-level investigations” signals potential Department of Justice action against his political adversaries, despite the pardons. The legal battle over the validity of autopen-signed pardons now appears headed for the courts, where fundamental questions about presidential authority and its proper exercise will likely be debated. This constitutional showdown adds another layer of complexity to an already deeply divided political landscape as the Trump administration moves forward with its agenda.

Sources:

Trump says Biden’s autopen pardons are ‘void, vacant and of no further force or effect,’ vows probe of Jan. 6 House select committee

Trump: Biden Jan. 6 panel pardons, others ‘void’ because autopen use

Donald Trump Sends Warning To Enemies As He Says Biden Pardons Void