Trump Challenges Biden’s Use of Autopen, Breaking Decades-Long Presidential Tradition

On March 18, 2025, former President Donald Trump criticized President Joe Biden’s use of an autopen to sign pardons for lawmakers involved in the January 6 Capitol riot investigation. Trump claimed that these pardons are invalid because they were not signed by Biden’s own hand, asserting that he lacked knowledge of them. Both Trump and the White House did not provide evidence to support their claims.

The debate over the legitimacy of Biden’s pardons stems from a recent analysis by the conservative Heritage Foundation, which found that many documents bearing Biden’s signature were created using an autopen. This mechanical device replicates a person’s signature and has been used by several presidents over decades. While some argue this undermines the authority of presidential pardons, legal experts note that there is no law prohibiting such practices.

Key points include:

• Trump alleges Biden’s pardons are void due to autopen usage.
• The Constitution does not specify how pardons must be signed.
• A 2005 Justice Department opinion affirmed that autopens can be used for signing legislation.

Biden issued numerous pardons at the end of his term, including those protecting individuals from potential retribution related to January 6 events. The U.S. Court of Appeals has stated that there is no constitutional requirement for a president’s signature on pardon documents to be handwritten. Despite Trump’s criticism, historical precedent shows that previous presidents have utilized autopens effectively without legal challenge.

This ongoing controversy highlights differing interpretations of presidential powers and responsibilities in issuing pardons. As debates continue over Biden’s use of an autopen, it remains essential to understand both historical practices and current legal frameworks governing executive actions.