Trump asserts that Joe Biden’s committee pardons from January 6 are “void” since the former president used a “autopen” to sign them.
Autopens have been used for decades by presidents, including Trump, to sign letters and documents.
Additionally, one expert claims that Trump is only exposing himself to future issues by bringing up the subject.
We know the following.
What is an autopen?
A machine that replicates a person’s signature mechanically is called an autopen.
When a writing sample is “fed” into a machine, the machine’s arm grasps a pen or other writing instrument and replicates a signature.
Prominent individuals, like politicians or celebrities, can sign hundreds of documents every day without physically being present or even involved.
Harry Melkonian, an honorary associate at the United States Studies Centre and a practicing lawyer, said that it is impossible to determine whether a document was signed by an autopen.
“It’s a nice, neat, authentic signature,” he replied.
What was said by Trump?
Regarding the pardons his predecessor granted to the congressional committee that looked into the Capitol riot on January 6, Trump expressed concerns about autopens on Monday, US time.
At the conclusion of his previous term, Biden granted the “pre-emptive pardons” to shield pertinent lawmakers and staff from potential Trump retaliation.
However, Trump asserted explicitly in a post on his Truth Social website that the pardons were “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” because the former president had signed them using an autopen rather than his own hand.
“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” According to Trump.
Does Trump have any proof?
Both Trump and the White House have failed to provide any evidence to back up their claims.
Biden’s knowledge of the pardons was questioned by press secretary Karoline Leavitt when she was asked if Trump had the legal right to revoke pardons signed by autopen.
“The president was raising the point that, did the president even know about these pardons?” she replied.
“Did his legal signature get used without his knowledge or consent? And those aren’t the only questions that the president or I are posing.”
She continued by quoting recent New York Post articles that described two unnamed Biden White House aides who conjectured about possible misuse of the autopen while he was in office.
At the daily briefing, Leavitt told the press corps, under pressure to provide evidence: “You’re a reporter. You ought to enquire.”
According to Dr. Melkonian, there is no proof to back up Trump’s allegations, but it would be “a constitutional failure” if pardons were being granted without Biden’s knowledge.
Although the 25th amendment to the Constitution permits cabinet to remove a president from office, Dr. Melkonian claims that this has never been done.
“Trump is really exaggerating the Biden situation,” he claimed.
“Joe Biden was not mentally incompetent just because you disagree with what he did. There is a significant difference.
Biden’s spokesperson had declined to comment, according to the Associated Press (AP).
When did presidents start using autopens?
According to Dr. Melkonian, autopens have been used by presidents for many years.
“Donald Trump has admitted that he’s using it,” said the politician.
When he signed an extension to the Patriot Act in May 2011, Barack Obama became the first president to use one to sign legislation.
As the law was about to expire, Obama approved the use of the autopen while he was in France on official business.
Recently, however, Joe Biden’s use of the device has been criticised by some conservative voices.
According to The Oversight Project, a division of the American conservative think tank The Heritage Foundation, it examined thousands of pages of documents signed by Joe Biden and discovered that the majority were autopen.
Additionally, according to Mike Howell, the executive director of the project, Biden signed some of his pardon documents in Washington on days when he was not there.
Which laws apply to autopens?
The use of autopens by presidents is unregulated by law.
The president need not sign a bill in person for it to become law, according to a 2005 Justice Department memo.
Additionally, pardons are not required to be in writing by the Constitution, and presidents have previously used autopen signatures for significant actions.
According to the US Court of Appeals for the Fourth Circuit, the “plain language of the Constitution imposes no such limitation” on whether pardons must be granted in writing or by the president himself.
The method by which executive clemency shall be exercised or evidenced, however, is not prescribed by the Constitution or any statute, according to a 1929 solicitor general’s guidance on pardons.
Autopens should only be used for “very unimportant papers,” according to Donald Trump, who frequently makes it a point to sign executive orders on camera with his signature marker pen.
He told reporters on Air Force One, “We might use it, for instance, to send a letter to a young person because it’s nice.”
“But to sign pardons and all of the things that he signed with an autopen is disgraceful.”
Are Biden’s pardons voidable by Trump?
Dr. Melkonian says that he cannot.
“He doesn’t have that authority,” he mentioned.
“It would have to be the Supreme Court … and I honestly do not think the court would try to go near it.”
The majority of presidents, according to Dr. Melkonian, actually refrained from criticising the pardons of previous presidents.
“Because [they’re] going to be doing the same thing,” he stated.
“Why Trump is acting in this way is beyond me. He is only preparing himself to be questioned.
