Senator Adam Schiff (L), President Donald Trump (C), Rep. Liz Cheney (R). Photo:
Allison Robbert/Bloomberg via Getty; Andrew Harnik/Getty; William B. Plowman/NBC via Getty
- Donald Trump suggested on March 17 that he will not honor several of Joe Biden’s presidential pardons, claiming without evidence that Biden did not consent to his autopen signature being used for them
- In Biden’s final hours as president, he issued a slate of preemptive pardons for public figures who have spoken out against Trump, including Anthony Fauci, Liz Cheney and Adam Schiff
- Though the Constitution does not allow presidents to reverse their predecessors’ pardons, Trump says his political opponents “are subject to investigation at the highest level”
President Donald Trump is taking aim at the recipients of preemptive pardons issued by former President Joe Biden just before he left office.
During his final hours as president on Monday, Jan. 20, Biden issued a series of preemptive pardons for several high-profile political figures who had spoken out against Trump, aiming to protect them from possible retaliation.
Included on the pardon list were COVID-19 response lead Dr. Anthony Fauci, Chairman of the Joint Chiefs of Staff General Mark A. Milley, and members of the bipartisan House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol, including former Republican Rep. Liz Cheney, now-Democratic Sen. Adam Schiff, former Republican Rep. Adam Kinzinger and several other lawmakers.
Some members of the Capitol and D.C. police forces who testified for the Jan. 6 committee were also issued pardons.
A former White House aide testifies to the Jan. 6 select committee on June 28, 2022. Chairman Bennie Thompson and Vice Chair Liz Cheney are pictured. J. Scott Applewhite/AP Photo
“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 posted on Truth Social in the early morning hours on Monday, March 17.
“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” he claimed without evidence. “The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime.”
One day earlier, Trump shared a meme mocking Biden, posting a picture of an autopen signature framed between his two presidential portraits with the dates “2021-2025,” instead of Biden’s portrait.
Article II, Section 2 of the U.S. Constitution grants the president the power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” The Constitution offers no pathway for a future president to undo a past pardon.
Moreover, a statement by the Department of Justice in 2005 seems to take the legal legs out from under Trump’s argument against the use of autopen, which is a device that many politicians use to automatically replicate their signature.
“The President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law,” the statement reads. “Rather, the President may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the President’s signature to such a bill, for example by autopen.”
However, Trump’s continued ire against the Jan. 6 committee, which disbanded more than two years ago, is evident in his vengeful post.
“Those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level,” he wrote. “The fact is, they were probably responsible for the Documents that were signed on their behalf without the knowledge or consent of the Worst President in the History of our Country, Crooked Joe Biden!”
PEOPLE has reached out to a Biden spokesperson for comment about Trump’s claims.
U.S. President-elect Donald Trump greets U.S. President Joe Biden at the US Capitol on January 20, 2025 in Washington, DC. CHIP SOMODEVILLA/POOL/AFP via Getty
In a statement upon issuing the pardons, Biden noted that they should not be perceived as indication “that any individual engaged in any wrongdoing.”
“Nor should acceptance by them be misconstrued as any admission of guilt for any offense,” he clarified. “Our nation owes these public servants a debt of gratitude for their tireless commitment to our country.”
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