In a recent development, former President Donald Trump has raised questions over the validity of presidential pardons granted by President Joe Biden, alleging that they were signed using an autopen—a mechanical device with a robotic arm that replicates a hand signature. The controversy erupted after Trump claimed that the use of an autopen rendered Biden's pardons "VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT." Despite Trump's assertions, legal experts and historical precedents suggest that the use of autopens is both lawful and does not undermine the validity of presidential documents, including pardons and bills.
The debate has attracted significant attention, with a dozen social media posts from the Oversight Project labeling it the "autopen scandal." However, experts argue that the Constitution does not necessitate a president's hand signature on official documents, and the practice of using autopens is a well-established tradition among U.S. presidents.
The Role of Autopen in Presidential Duties
The autopen, utilized by numerous U.S. presidents such as Barack Obama, John F. Kennedy, and Thomas Jefferson, serves as a practical tool for signing documents when the president is away from Washington, D.C., or wishes to expedite the enactment of laws. Legal guidelines affirm that the use of an autopen is legally sound and does not compromise the legitimacy of the signed documents.
In 1929, a memo from the Office of the Solicitor General stated that a president's hand signature is not essential for pardons. Similarly, a 2005 Justice Department memo declared that a president need not personally affix their signature for a bill to become law. Instead, it can be signed by directing a subordinate to use an autopen.
"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. 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." – A 2005 Justice Department memo
Historical Precedents and Legal Viewpoints
The history of U.S. presidencies reveals that it is not uncommon for subordinates to sign pardons on behalf of presidents. This practice dates back to Abraham Lincoln's era and has been deemed valid by federal courts. In a 1869 ruling, a federal court underscored that once a pardon is complete, it cannot be revoked.
"The law undoubtedly is, that when a pardon is complete, there is no power to revoke it, any more than there is power to revoke any other completed act." – A federal court (1869 ruling)
Additionally, Michigan State University law professor Brian Kalt emphasized that pardons are final and irrevocable. There exists no constitutional mechanism for overturning them.
"Presidents historically have not personally signed grants of pardons for every individual they granted clemency to," – Dan Kobil
This sentiment was echoed by Bernadette Meyler, who noted that even an oral decision to pardon could suffice without a written signature.
"Hence it is not clear that a signature would even be required, as the decision to pardon could be oral rather than written." – Bernadette Meyler
The Implications of Trump's Claims
Despite Trump's forceful allegations against Biden's use of an autopen for pardons, he has not provided any evidence supporting his claim that these pardons are invalid. The burden of proof rests on Trump, yet no legal framework supports his argument that autopen-signed pardons can be declared void.
“Everything was signed by autopen – almost everything,” – Donald Trump
“Nobody has ever heard of such a thing.” – Donald Trump
The National Archives clarified that at the start of each administration, the White House supplies a sample of the President's signature to create a graphic image used for all official Presidential Documents.
“At the beginning of each administration, the White House sends a sample of the President’s signature to the Office of the Federal Register, which uses it to create the graphic image for all Presidential Documents published in the Federal Register” – The National Archives
