President Donald Trump has recently alleged, without verification, that certain actions taken by former President Joe Biden are not valid because Biden purportedly employed a machine to automate document signatures. This practice, known as using an autopen, has been a standard procedure in the White House for many years.
Trump expressed these claims in a post on Truth Social, declaring that Biden’s preemptive pardons of members involved in the House committee investigating the January 6th insurrection are “hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OF EFFECT” because they were executed via autopen. These accusations were significantly propagated by the Oversight Project, an initiative of the Heritage Foundation, which previously played a prominent role in advocating false allegations about noncitizen voting.
Such rhetoric from Trump fuels speculation about Biden not fully exercising control during his presidency. Additionally, while concerns about Biden’s eligibility for office led him to discontinue his reelection campaign, right-wing circles have exaggerated such concerns.
In response to Trump’s claims about the pardons signed using an autopen, there is no concrete evidence that this was indeed the scenario. Furthermore, legal experts indicate that even if the claims were true, it is uncertain whether the pardons could be legally revoked on these grounds. According to Article II, Section 2 of the Constitution, which provides U.S. Presidents with extensive clemency powers, a pardon is valid once its subject accepts it, and the Constitution does not permit reversing a pardon.
Jay Wexler, a constitutional law professor at Boston University School of Law, termed the autopen controversy as a “nonstarter” and a mere “distraction,” clarifying that there is no constitutional requirement for pardons to be documented in writing. Wexler emphasized that the argument against the legitimacy of a pardon due to its signing by an autopen is moot since signing is technically unnecessary.
Trump has acknowledged the potential ambiguity while reiterating his claims about Biden’s mental acuity. In addressing reporters on Air Force One, Trump stated that the decision regarding the status of the pardons lies with the courts but argued that they should be considered “null and void” due to his belief that Biden was uninformed about the occurrences.
Concerns around Biden’s age and capacity for leadership have been a subject of discussion even prior to these allegations, including from Trump, who himself became the oldest person sworn into the presidency at 78 years during his second term. The suggestion that autopen use could nullify presidential actions is uncommon, given its historical use by many past presidents.
An autopen is a mechanical device that replicates signatures using actual ink, aiding public figures in managing copious autographs on correspondence, amongst other documents. The device, produced by the Autopen Company based in Maryland, is widely used by universities, government entities, and similar bodies to streamline signing processes.
The autopen’s ancestors include the polygraph of the 19th century, which allowed simultaneous operation of two pens for duplication of writing and was favored by former President Thomas Jefferson. In the modern era, Robert De Shazo Jr. innovated the autopen technology during the World War II period, which then became widely adopted in governmental operations.
Several past presidents, such as Harry Truman, Gerald Ford, and Lyndon Johnson, have reportedly utilized autopens, further popularized through media during Johnson’s presidency. In more recent history, President Barack Obama used an autopen in 2011 to sign a Patriot Act extension while in France, the first acknowledged use of such technology to sign legislation. Prior examinations by the administration of President George W. Bush documented that the President can authorize an autopen for signing bills, maintaining legality.
Even though Bush refrained from its use for signing legislation, choosing instead to return to the White House overnight to sign emergency legislation in 2005, his Defense Secretary, Donald Rumsfeld, faced criticism for using an autopen to sign condolence letters to families of troops who perished in the Iraq conflict.
