• President declares 92% of Biden documents “terminated” via Truth Social post
• Legal scholars say Constitution provides no mechanism to void pardons once granted
• Justice Department memos from 2005 and 1929 support autopen validity

WASHINGTON, DC (TDR) — Donald Trump announced Friday that he has “terminated” every document Joe Biden signed with an autopen. The declaration came via Truth Social and claimed 92% of Biden’s signed documents now carry “no further force or effect.” Legal experts quickly pushed back on Trump’s autopen legal authority claims. They say the president cannot void documents through social media proclamations alone.

Trump Autopen Declaration Ignites Constitutional Debate

The president’s post targeted executive orders, pardons, and other official actions from the Biden administration. Trump alleged that “Radical Left Lunatics” operated the autopen without Biden’s knowledge or consent. He threatened Biden with perjury charges if the former president claims he authorized the signatures.

“Any document signed by Sleepy Joe Biden with the Autopen, which was approximately 92% of them, is hereby terminated, and of no further force or effect.”

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Trump claimed the autopen “is not allowed to be used if approval is not specifically given by the President.” He accused Biden’s staff of taking “the Presidency away from him” by operating the device independently. The White House has investigated Biden’s autopen use for months. Press Secretary Karoline Leavitt has addressed questions about the ongoing review.

The Heritage Foundation’s Oversight Project first raised concerns in March 2025. They claimed internal emails showed Biden staffers made decisions without direct presidential authorization. The conservative group posted about the issue dozens of times on social media, calling it the “autopen scandal.”

Constitutional Experts Reject Trump Autopen Legal Authority

Legal scholars across the political spectrum reject Trump’s claimed authority to void Biden-era documents. The Constitution contains no provision allowing one president to nullify another’s official acts through declaration. Courts—not presidents—must adjudicate such constitutional disputes.

A 2005 Department of Justice Office of Legal Counsel memo addressed autopen use directly. It concluded that presidents need not “personally perform the physical act of affixing” their signature for documents to become valid law. The memo stated that directing a subordinate to use an autopen satisfies constitutional requirements under Article I, Section 7.

“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.”

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The DOJ memo noted practical reasons for autopen use. Presidents traveling abroad or facing tight deadlines benefit from the technology. The opinion gave Biden “cover” for his autopen use, according to Michigan State University law professor Brian Kalt.

Historical Precedent Supports Autopen Validity

Multiple presidents have used autopens throughout American history. Thomas Jefferson employed an early version called a polygraph that copied his handwriting in real time. John F. Kennedy relied so heavily on the device that his authentic signature became extremely rare among collectors.

Barack Obama became the first president to sign legislation via autopen in 2011. He authorized its use for a Patriot Act extension while traveling in France. Republican leaders questioned the constitutionality at the time, but no court challenge materialized.

George W. Bush requested the 2005 DOJ opinion about autopen legality. He received authorization to use it but ultimately declined. Bush flew back to Washington to sign the controversial Terri Schiavo bill in person instead.

Pardons Present Highest Bar for Reversal

Trump’s declaration specifically targets Biden’s pardons. These include clemency granted to members of the January 6 congressional committee. Legal experts say pardons face the highest bar for any attempted reversal. Trump autopen legal authority claims fall especially flat here.

More than six constitutional law experts told PolitiFact they see no restriction on autopen use for pardons. A Stanford Law School professor noted the Constitution “doesn’t even require that the pardon be written.” The pardon clause in Article II simply grants the president power to issue pardons. It specifies nothing about signature methods or physical presence.

A 1929 Solicitor General memo reinforced this view decades before modern autopens existed. It stated pardons need not carry the president’s “autograph.” A facsimile signature certified by proper officials “shall be sufficient.” The U.S. Court of Appeals for the 4th Circuit affirmed this principle in a 2024 ruling.

What Presidents Can and Cannot Do

Presidents hold broad authority to rescind previous executive orders. Trump has already reversed many Biden-era policies through legitimate executive action. This represents normal presidential power that every administration exercises.

However, Trump cannot void laws Congress passed through presidential declaration. Legislation Biden signed remains binding federal law until Congress repeals it. Courts have consistently upheld this separation of powers for more than two centuries.

Trump also cannot unilaterally revoke pardons another president granted. Once issued, pardons remain permanent absent clear fraud proven through proper court proceedings. No president has ever successfully revoked a predecessor’s pardon through executive action alone.

Political Impact Versus Legal Reality

The autopen controversy continues to generate headlines and energize Trump’s political base. The administration displayed a photo of an autopen in place of Biden’s official portrait. Republican House members have called for investigations. The political narrative serves Trump’s goals effectively.

Federal agencies still implement Biden-era policies despite Trump’s proclamation. The pardons Biden issued remain legally valid across the federal court system. Laws he signed continue to bind the executive branch.

Trump’s social media proclamations may score political points with supporters. Legal experts agree they carry no constitutional weight. The fundamental question of Trump autopen legal authority remains settled—at least in the eyes of constitutional scholars.

Can a president truly nullify his predecessor’s official acts through social media declaration—or does the Constitution demand something far more substantial?

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