US President Donald Trump on Monday claimed that his predecessor, Joe Biden, used an autopen to grant presidential pardons. The Republican leader declared that all pardons given by Mr Biden stood void under the new administration. He added that some pardons may have been authorised by aides without the president’s approval, using the autopen.
“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,” President Trump stated in a Truth Social post.
“In other words, Joe Biden did not sign them, but more importantly, he did not know anything about them. 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.”
Although Mr Trump did not provide any proof of Mr Biden using the autopen, an NBC report confirmed that the Democrat had indeed used the device during his tenure.
What is an autopen?
An autopen is a device used to make automatic or remote signatures. Unlike the common e-signature, the autopen is a robot writing instrument that learns how to mimic and repeat the pen strokes of any individual.
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Are autopen signatures valid?
According to 2005 guidance from the Office of Legal Counsel at the Justice Department, commissioned by ex-president George W Bush, the practice of using autopen is legally binding.
“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,” the office said, adding that that includes using an autopen.
Former US presidents have also used the device with Barack Obama facing criticism in 2011 when he authorised an aide to use an autopen on his behalf to extend the Patriot Act.
Though Mr Trump has claimed that he would not sign executive orders by autopen, a Fox News analysis revealed that the president also used the device to sign such orders in both his terms.
