Can Trump actually void Biden pardons? Legal experts weigh in on the president's shock move

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  • Source: Daily Mail
  • 03/18/2025
President Donald Trump sparked confusion when he declared President Biden's pardons 'void, vacant' overnight, but legal experts say not so fast.

The 78-year-old president posted that his predecessor's pardons for members of the January 6 committee and others were invalid because 'they were done by autopen.'

But multiple presidents including Trump have long used autopens, and the question over whether documents signed by a president using an autopen were valid has already been examined.

'The Bush Justice Department looked at this thoroughly and concluded that as long as the president makes the actual decision, he can delegate to secretarial staff the actual signing of the document,' said Berkeley Law professor and former Justice Department official John Yoo.

'I cannot see the courts rejecting this - it builds on centuries of practice and a long legal tradition of allowing agents to sign on behalf of their principals,' Yoo added.  

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