Can an Autopen Legally Sign a Pardon?

The liberty principle for this Freedom Friday concerns an autopen. The Heritage Foundation reported a couple of weeks ago that former President Joe Biden signed most of his documents with an autopen, including pardons signed in the last weeks, days, and minutes of his presidency.

When President Donald Trump heard the report, he threatened to nullify such pardons, particularly those given to the lawmakers who “investigated” the January 6, 2021, riots. Trump claimed that the pardons are voice because Biden used an autopen to sign them. Cami Mondeaux of The Deseret News reported the following on the situation. 

In a lengthy Truth Social post on Monday morning, Trump declared the pardons granted to members of the House Select Committee tasked with investigating the Capitol riot “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT” because they were allegedly signed by autopen.

Trump claimed Biden did not sign the documents and that he “knew nothing about them, and the people that did may have committed a crime.” The president then went on to allege the lawmakers who were pardoned “were probably responsible” for signing the documents “without the knowledge or consent” of Biden.

Trump did not provide evidence for these claims. However, they stem from allegations by the conservative Heritage Foundation concluding that thousands of pages of documents signed by Biden were done so by an autopen.

An autopen is a device with a pen or pen-holding arm that uses ink to reproduce signatures for the signatory. Several presidents have been known, or rumored, to use the autopen over the last several decades – even Trump himself. (Trump has said he only used autopen for “unimportant papers” such as letters.)

The claim from The Heritage Foundation has not been “proven” yet, but the autopen signatures could become a problem for people on both sides.

Article II, Section 2, Clause 1 states: “The President shall be Commander in Chief … and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” 

I noticed that the Constitution gives the President authority to grant pardons, but it does not mention any signature – whether a “wet” signature or one done by autopen. However, there are questions about whether Biden had enough mental awareness to know what was going on in the White House.

It is totally possible – as shown by Biden’s performance at the famous debate – that Biden had no idea that pardons were being granted or that the autopen was being used. There were some pardons that were signed by the autopen while Biden was on vacation. An investigation is in order even if nothing changes after results.