President Claims Lack of Personal Signature Invalidates Clemency for Jan. 6 Committee, Others

March 17, 2025 - Washington, D.C. - In a bold and controversial move, President Donald Trump has declared that a series of last-minute pardons issued by former President Joe Biden are “null and void,” citing their alleged use of an autopen—a mechanical device that replicates signatures—rather than Biden’s personal handwriting. The announcement, made late Sunday night via Trump’s Truth Social platform and reiterated to reporters aboard Air Force One, targets preemptive pardons granted on January 19, 2025, Biden’s final day in office, which shielded members of the House January 6 select committee, among others, from potential prosecution.

“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,” Trump wrote in his post. “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” He further suggested that those responsible for the pardons “may have committed a crime” and hinted at launching investigations into the committee members, whom he accused of destroying evidence during their probe into the January 6, 2021, Capitol attack.

The pardons in question were a historic batch of preemptive clemency issued by Biden to protect figures like former Representatives Liz Cheney and Adam Kinzinger, as well as General Mark Milley and Dr. Anthony Fauci, from what Biden called “politically motivated prosecutions” under Trump’s incoming administration. Trump, who during the 2024 campaign repeatedly threatened to target these individuals, has seized on the autopen claim—first raised by the conservative Heritage Foundation’s Oversight Project—as grounds to challenge their legitimacy.

Legal experts, however, are skeptical of Trump’s argument. The U.S. Constitution grants presidents broad pardon powers with no explicit requirement for a handwritten signature, and a 2005 Justice Department opinion affirmed that an autopen is a valid method for signing legislation, a precedent many argue extends to pardons. “There’s no legal basis to nullify a pardon based on how it’s signed,” said Jeffrey Crouch, a clemency expert at American University. “This is more political theater than a viable challenge.” Multiple presidents, including Barack Obama and Trump himself, have used autopens for official documents, further undermining the claim’s foundation.

The White House has not confirmed whether Biden used an autopen for the pardons, though photographic evidence exists of him signing other documents by hand during his term. Trump, while acknowledging the issue would ultimately be “up to a court,” maintained to reporters that “I’m sure Biden didn’t have any idea that it was taking place,” doubling down on his narrative of a disengaged predecessor.

The move signals Trump’s intent to pursue retribution against political foes early in his second term, reigniting debates over the limits of executive power. For now, the pardoned individuals—many of whom have dismissed Trump’s threats as baseless—face an uncertain future as the administration tests this uncharted legal territory. As Rep. Bennie Thompson, former January 6 committee chair, told Axios, “Donald Trump was responsible for the deadly January 6th attack on the U.S. Capitol. That’s why these pardons exist—not some midnight rant with no basis in reality.”