President Donald Trump on Monday declared all the pardons issued by his predecessor Joe Biden as void, claiming that they had been executed without Biden's approval.
Joe Biden and Jill Biden pose alongside Donald Trump and Melania Trump as they arrive at the White House in Washington, DC.(AFP File)
Trump said the pardons were signed using an autopen - a device that replicates a person's signature - implying that Biden neither personally signed nor was aware of these pardons. He further suggested that those who facilitated these actions without Biden's consent might have committed a crime.
"The “Pardons” that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen. In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!" Trump said in a post on Truth Social.
"The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime. Therefore, those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level. The fact is, they were probably responsible for the Documents that were signed on their behalf without the knowledge or consent of the Worst President in the History of our Country, Crooked Joe Biden," he added.
Who had Biden pardoned?
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In his final hours in office, Biden issued a series of preemptive pardons to several individuals, including his family members - brothers James and Francis Biden, sister Valerie Biden Owens, and their spouses. Biden stated that his family had been "subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me - the worst kind of partisan politics."
Additionally, Biden granted pardons to prominent figures such as Dr Anthony Fauci, former Director of the National Institute of Allergy and Infectious Diseases; retired General Mark Milley, former Chairman of the Joint Chiefs of Staff; and members of the House committee that investigated the January 6 attack on the Capitol.
These preemptive pardons were intended to protect individuals from potential politically motivated prosecutions by the incoming administration.
What is an autopen?
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Trump's assertion that the use of an autopen invalidates these pardons is unprecedented. The autopen has been employed by presidents for decades to sign various documents, including legislation and executive orders, when they are unavailable to sign personally.
Legal experts have generally upheld the validity of such signatures. However, the specific application of the autopen for presidential pardons has not been extensively tested in courts, leaving room for legal debate.