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HomePoliticsWhat is an autopen and can it impact Biden's pardons? : NPR

What is an autopen and can it impact Biden’s pardons? : NPR

The Autopen Model 80 in 2011. President Trump is accusing Biden of using an autopen to sign documents, as many presidents have over the years.

Manuel Balce Ceneta/AP


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Manuel Balce Ceneta/AP

President Trump is claiming without evidence that some of former President Joe Biden’s actions are invalid because he allegedly used a machine to automate signatures on documents, which is a longstanding practice in the White House.

In a late-night Truth Social post, Trump said his predecessor’s preemptive pardons of members of the House committee investigating the Jan. 6 insurrection are “hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OF EFFECT, because of the fact that they were done by Autopen.”

The notion that Biden relied on the autopen to sign important documents was heavily perpetuated by the Oversight Project, an arm of the Heritage Foundation that played a key role in promoting false claims about noncitizen voting last year.

Trump’s rhetoric fans the flames of conspiracies about Biden not really being in charge during his presidency. While concerns about Biden’s fitness for office forced him to call off his reelection campaign, the right has taken that to an extreme.

“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump wrote of the pardons. However, there is no evidence that is the case.

It is not clear whether Biden actually used an autopen to sign the documents in question. And even if he did, legal experts say it’s not clear the pardons could be rescinded — for that or any other reason.

Article II, Section 2 of the Constitution, which grants presidents broad clemency powers, says the pardon only needs to be “accepted by its subject” to take effect — and does not mention anything about reversing them after the fact.

Jay Wexler, a professor of constitutional law at Boston University School of Law, told NPR he thinks the autopen issue is a “nonstarter” and a “distraction.” Importantly, he says, there…

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