Former President Donald Trump made baseless claims on his Truth Social platform that President Joe Biden’s pardons for members of the House select committee investigating the Jan. 6 Capitol attacks are invalid because Biden used an autopen to sign them. Trump alleged that Biden didn’t know about or approve the pardons, and therefore they are void.
However, the U.S. Constitution grants the president unique executive powers to issue pardons, and there is no provision for subsequent presidents to rescind them based on the choice of pen. Both Biden and President Barack Obama used autopen devices, which is a legally binding practice.
Trump’s comments were likely inspired by the Oversight Project, an offshoot of the Heritage Foundation. It remains unclear if Trump plans any legal action against the committee members.
Biden issued pre-emptive pardons in January for public figures who criticized Trump while in office. Trump has accused the committee members of unspecified “major crimes.”
Biden broke the record for presidential clemency with almost 2,500 sentences commuted in his final days in office, including pardons for members of the Jan. 6 attack and individuals convicted of nonviolent drug offenses. Trump also issued pardons for 1,500 individuals related to the Capitol attack.
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