Trump Slams Biden’s January 6 Pardons, Raises Concerns Over Investigation Tactics

Man speaking at microphone with finger pointing forward

President Trump declares Biden’s last-minute January 6 Committee pardons void due to the alleged use of an autopen signature, sparking a legal and political controversy that could leave several former committee members vulnerable to investigation.

Quick Takes

Trump claims Biden’s pardons for January 6 Committee members are “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” because they were allegedly signed by autopen, not Biden himself.
Missouri Attorney General Andrew Bailey has called for a DOJ investigation into whether Biden’s cognitive state allowed unauthorized policy actions.
Trump suggests Biden “knew nothing about” the pardons due to mental decline, and that those who facilitated them “may have committed a crime”.
The validity of autopen-signed pardons remains legally uncertain and may ultimately be decided by courts.
Biden issued preemptive pardons to several Trump adversaries including January 6 Committee members, Anthony Fauci, and Gen. Mark Milley.

Constitutional Question Over Autopen Pardons

President Donald Trump has launched a direct challenge to the validity of pardons issued by President Biden in his final days in office. In a strongly worded post on Truth Social, Trump declared that pardons issued to members of the January 6 Committee and others are invalid because they were allegedly signed using an autopen device rather than by Biden personally. The controversy centers on whether presidential pardons require a direct signature from the president or if automated signing methods meet constitutional requirements.

Trump’s declaration specifically targeted pardons granted to members of the House Select Committee that investigated the January 6, 2021 Capitol riot. “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. Trump went further, questioning whether Biden was even aware of the pardons being issued in his name.

HOLY MACRO!!

President Trump declares Biden’s Pardons “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” pic.twitter.com/gA7J7oXrGS

— I Meme Therefore I Am 🇺🇸 (@ImMeme0) March 17, 2025

Mental Capacity Questions Fuel Controversy

At the heart of Trump’s argument is the suggestion that Biden’s cognitive decline prevented him from knowingly approving the pardons. “He knew nothing about them, and the people that did may have committed a crime,” Trump posted, implying potential criminal liability for White House staff who may have facilitated the pardons without proper presidential oversight. This accusation aligns with Missouri Attorney General Andrew Bailey’s call for a Department of Justice investigation into whether Biden’s mental state allowed unauthorized policy actions.

When asked directly about the validity of these pardons while aboard Air Force One, Trump adopted a more measured tone, telling reporters, “It’s not my decision, that’ll be up to a court.” Legal experts note that while autopens have been used by various officials for decades, their use for constitutional powers like presidential pardons raises significant questions. The Oversight Project, a conservative think tank, has supported Trump’s position, arguing that autopen signatures on pardons violate constitutional requirements.

Wide-Ranging Preemptive Pardons

Biden’s pardons were notably extensive and preemptive, covering members of the January 6 Committee, his family members, Dr. Anthony Fauci, and former Chairman of the Joint Chiefs of Staff General Mark Milley. These pardons appeared designed to shield potential targets from prosecution under the incoming Trump administration. Trump has expressed particular frustration with the January 6 Committee, accusing them of destroying evidence related to the Capitol riot, though he has not provided specific proof for these allegations.

The legal standing of these pardons remains uncertain. Some legal scholars point to a federal appeals court ruling that presidential pardons do not necessarily need to be in writing to be valid. Others warn that allowing one administration to void pardons from a previous president could set a dangerous precedent for executive power. Meanwhile, Trump has already issued over 1,500 pardons and commutations related to the January 6 attack since returning to office, highlighting the stark difference in how both administrations view those events.