In brief
Trump has claimed that pardons issued by Biden are invalid as they were signed using an autopen. However, fact-checking reviews indicate numerous instances of Biden signing pardons by hand, and legal experts assert that there is no law making pardons invalid based on the use of such signatures.
In a recent post on Truth Social, former President Donald Trump declared that many pardons granted by President Joe Biden were null and void because Biden allegedly used an autopen—an automated signature machine—instead of signing by hand. Trump's claim, however, lacks substantial evidence and has been examined by fact-checkers and legal authorities, who have consistently debunked his assertion. BBC Verify conducted a thorough investigation and identified moments when President Biden was seen signing pardons manually, including his October 2022 order that pardoned individuals convicted for marijuana possession. This contradicts Trump's statement, as several key photographs and documents show Biden's handwritten signature. Furthermore, it has been confirmed that official government records store these signatures in a digital format, made consistent under each administration, including both Biden's and Trump's.Trump's claims seem to stem from the Oversight Project, a branch of the conservative Heritage Foundation, which has alleged that Biden's pardons contained autopen signatures. However, there is no definitive proof presented by Trump to support his assertion. Legal experts affirm that U.S. law does not invalidate pardons based on the method of signature application. Andrew Moran, a politics professor, highlighted that while it is common for presidents to use autopen on less critical documents, the gravity of a pardon would warrant a handwritten signature. He summarized the legal validity of autopen signatures stating, "The President may sign a bill by directing a subordinate to affix the President's signature to such a bill, including via autopen."Looking historically, instances of presidents revoking pardons from their predecessors are exceptionally rare. Many legal analysts, including Professor Erin Delaney, stress that such actions could provoke complex constitutional violations. With the possibility that any legal challenges against Biden’s pardons could open debates over presidential powers and the legitimacy of other signed documents, revoking pardons based on accusations of autopen use would present uncharted territory for U.S. governance.The conversation around Biden's pardons continues, urged by questions over signature legitimacy. However, Trump's claims remain baseless amid clear evidence and expert interpretations of legal precedents.
