No, Donald Trump Cannot Invalidate Joe Biden's Pardons [View all]
In a stunning assertion of executive power, Donald Trump has declared that all pardons issued by Joe Biden before leaving office are null and void. However, legally speaking, this claim holds no weight. The presidential pardon power is absolute, and there is no constitutional or legal precedent that allows a sitting president to revoke the legitimate pardons of a predecessor.
The Presidential Pardon Power Is Absolute
The U.S. Constitution grants the president the exclusive authority to issue pardons under Article II, Section 2, which states that the president “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
There is no provision allowing a future president to overturn pardons that have already been granted. Once a pardon is issued and accepted by the recipient, it is final—even if a new administration disapproves. Courts have consistently ruled that the presidential pardon power is not subject to congressional or judicial review unless the pardon itself was procured through fraud (which there is no evidence of in Biden’s case).
No Evidence of Autopen Use
Trump’s claim appears to rest on the baseless assertion that Biden’s pardons were improperly signed using an autopen—an automatic signing device that reproduces a person’s signature. However, there is no evidence that Biden used an autopen to sign pardons before leaving office.
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