Trump directly targeted members of the House select committee that investigated the January 6, 2021, Capitol riot, referring to them as the “Unselect Committee of Political Thugs.” He argued that all the pardons given to this group are null and void since an autopen was employed. Trump further stated that Biden had not signed the pardons and did not know that they were being granted, and that the people who were engaged in the process could have committed a crime.
Autopen usage by presidents is not a novelty; autopens have been utilized since the 1950s to sign documents when a president is not physically present. Trump’s argument that autopen signatures invalidate pardons is legally untenable. The U.S. Constitution grants the president ample leeway in granting pardons, and no provision exists for future presidents to revoke them based on the signature method.
Although Trump averred this, it is still not known if he will sue or investigate the members of the committee. The White House has been contacted but has made no further statement about what might be done. Trump’s stance is seen as a bid to impose power that doesn’t exist in current legal frameworks, as presidents can’t undo pardons given by their predecessors.
The controversy also includes the move by Trump to withdraw pardons on individuals like Hunter Biden and Dr. Fauci, a move he claims was done using an autopen. The move has put Trump’s legitimacy into question as well as whether his move will be ratified by legal authorities.
In the broader scheme of things, Trump’s comment is part of a sustained breakdown of the rule of law in America. His assertion of a right to overrule pardons issued by a predecessor is an innovation in settled practice. While Trump has spoken out on overturning specific pardons, it remains to be seen whether such utterances will be actual change or will find themselves lost in the public mind.
The legal and political world is closely following this development because it can establish a new precedent for how the meaning of, and challenge to, presidential pardons are handled in the future. Without any strong legal grounds on which to base Trump’s claims, though, it is hard to know where this will go or whether it will lead to any actual legal or political fallout.
