United States President, Donald Trump, declared that the pardons granted by President Joe Biden to members of the House Select Committee investigating the January 6, 2021, Capitol attack are “void.”
In a controversial post on his Truth Social platform early Monday, Trump argued that these pardons are invalid because Biden allegedly used an autopen, a mechanical device that replicates signatures, rather than personally signing them.
Trump, without presenting evidence, asserted that Biden’s use of an autopen undermines the legitimacy of the pardons.
He further alleged that Biden was unaware of or did not personally approve them, suggesting that this leaves those pardoned open to legal scrutiny.
“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen,” Trump wrote.
He went on to claim that members of the committee could now face renewed investigations.
“Therefore all the committee members would be ‘subject to investigation at the highest level,’” Trump added in his post.
Legal Experts Reject Trump’s Argument
Despite Trump’s assertions, constitutional scholars have pointed out that the U.S. Constitution grants sitting presidents the exclusive power to issue pardons, with no legal requirement for them to sign documents by hand.
They emphasize that there is no provision allowing a future president to nullify a legally issued pardon—whether signed manually or via autopen.
Additionally, presidential pardons cannot be revoked once they have been delivered to the recipients, unless fraud or procedural failure is involved.
Experts assert that Biden’s clemency decisions remain legally binding.
Biden’s pardons, issued in January during his final days in office, were widely viewed as an effort to shield officials and public figures who had investigated Trump from possible retaliation.
The list of pardoned individuals included prominent members of the Jan. 6 House Select Committee: Sen. Adam Schiff, D-Calif. (formerly a House member), and ex-Representatives Liz Cheney, R-Wyo., Adam Kinzinger, R-Ill., Elaine Luria, D-Va., and Stephanie Murphy, D-Fla.
Sitting lawmakers also received pardons, including Rep. Pete Aguilar, D-Calif., Rep. Zoe Lofgren, D-Calif., Rep. Jamie Raskin, D-Md., and Rep. Bennie Thompson, D-Miss., who chaired the committee.
Other notable figures who received clemency include former Chairman of the Joint Chiefs of Staff Mark Milley and Dr. Anthony Fauci, both of whom were frequent targets of Trump’s criticism.
Trump’s Claims of “Major Crimes”
Following Biden’s issuance of these pardons, Trump repeatedly accused the committee members of committing “major crimes,” though he has yet to provide evidence supporting these allegations.
After the clemency orders were made public, Trump reiterated his stance in a message to NBC News, emphatically writing “MAJOR CRIMES” in all capital letters.
Biden’s wave of pardons marked a historic moment, with nearly 2,500 clemency actions granted in his final days, one of the highest figures for any president.
Many of these focused on criminal justice reform, including over 2,000 pardons for individuals convicted of nonviolent drug offenses.
By contrast, Trump issued around 1,500 pardons and commutations before leaving office, including several for individuals charged in connection with the January 6 riot.
He also commuted the sentences of 14 political allies, including members of far-right extremist groups convicted of seditious conspiracy related to the Capitol attack.
Despite Trump’s insistence that Biden’s pardons should be overturned, legal scholars maintain that there is no constitutional mechanism to invalidate a predecessor’s clemency decisions.
The use of an autopen has been standard practice for decades, with multiple presidents, including Trump himself, relying on the technology for official documents.
As of now, it remains unclear whether Trump will attempt to legally challenge the pardons or if his comments signal plans for investigations should he return to office. The White House has yet to respond to his remarks.
While Trump’s accusations have drawn political attention, experts stress that Biden’s pardons remain legally valid and enforceable, regardless of how they were signed.
Whether Trump will act on his threats or if this remains a rhetorical move in the ongoing political battle over January 6 remains to be seen.