Biden has previously rejected Trump’s assertions, as presidents have long used autopens.
Trump mocks Biden with autopen portrait in the West Wing
President Donald Trump mocked Joe Biden with a display of his autopen signature at the “Presidential Walk of Fame” in the White House’s West Wing.
President Donald Trump continued his longstanding crusade to reverse actions taken by his predecessor on Nov. 28, saying on Truth Social that anything former President Joe Biden signed using autopen technology is invalid.
“Any document signed by Sleepy Joe Biden with the Autopen, which was approximately 92% of them, is hereby terminated, and of no further force or effect,” Trump wrote.
While declarations on social media do not have the force of law, Trump’s missive may signal future action, such as refusing to enforce a Biden-era executive order.
Alternatively, Trump may just want to score political points and de-legitimize Biden’s actions by presenting him as not in charge of his own White House − an accusation Biden rejects.
Trump has previously mocked Biden for using an autopen, even replacing a White House portrait of the 46th president with a picture of the device.
What is autopen?
An autopen is a machine that signs documents with a pen or other instrument, using real ink. It’s very useful for people whose signature appears on thousands of letters. That’s why presidents, including Trump, have relied on them for over a century.
Presidents are legally allowed to use autopen
Presidents are thought to have employed the autopen for more than 200 years, since the time of Thomas Jefferson, who obtained one of the machines after it came under patent in 1803, according to the Shapell Manuscript Foundation. Gerald Ford, Lyndon B. Johnson, George W. Bush and Barack Obama are all known to have made use of the device. Obama became the first president to rely on an autopen to sign a piece of legislation in 2011.
In 2005, under Bush, the Justice Department found autopen use is legal. “A person may sign a document by directing that his signature be affixed to it by another,” a DOJ memo said.
Legal scholars have noted that nothing in the Constitution requires presidents to sign pardons at all.
What else did Trump say?
Trump suggested without evidence that Biden was unaware of actions he signed by autopen, which he maintains would invalidate those signings.
“The Autopen is not allowed to be used if approval is not specifically given by the President of the United States,” Trump continued in his post. “The Radical Left Lunatics circling Biden around the beautiful Resolute Desk in the Oval Office took the Presidency away from him. I am hereby cancelling all Executive Orders, and anything else that was not directly signed by Crooked Joe Biden, because the people who operated the Autopen did so illegally. Joe Biden was not involved in the Autopen process and, if he says he was, he will be brought up on charges of perjury.”
Trump made similar allegations in June, at which time he called for an investigation. On Oct. 28 the Republican-led House Oversight Committee recommended the Justice Department investigate.
The White House responded to questions as to how Biden’s orders being “terminated” would be put into effect by simply referring back to Trump’s post.
Trump also uses autopen
Trump told reporters in March that he has used autopen, but “only for very unimportant papers.”
“You know, we get thousands and thousands of letters, letters of support for young people, from people that aren’t feeling well, etcetera,” Trump said. “But to sign pardons and all of the things that he signed with an autopen is disgraceful.”
Biden rejects Trump’s claims
In a July New York Times interview, Biden said Republicans are “liars” for claiming he was not aware of his own White House actions that were signed by autopen.
“I made every decision,” Biden said.
Can Trump do this?
Normally a president can reverse previous executive orders with a fresh executive order of his own. He does need to produce an actual order, however, not just make a statement on social media.
Pardons, on the other hand, are irreversible. In March, Trump asserted that pardons Biden issued are “null and void” because he used autopen.
Is this really about the pardons?
Trump has taken unprecedented steps to deploy the Department of Justice against his political adversaries, and he has a longstanding vendetta against the Biden family. To protect his family from potential future prosecution by the Trump administration, Biden pardoned family members for any possible crimes, including his son Hunter and his brother James before leaving office.
Trump had previously indicated his intention to target “the entire Biden crime family” for prosecution. Future Trump appointees such as FBI Director Kash Patel made similar comments.
Contributing: Francesca Chambers