Trump says Biden’s autopen orders are invalid—But can he really cancel them? Experts weigh in

 Trump says Biden’s autopen orders are invalid—But can he really cancel them? Experts weigh in

President Trump at his Mar-a-Lago residence during the televised 60 Minutes interview. Image Source: 60 Minutes/X

Former President Donald Trump has reignited a long-running dispute over President Joe Biden’s use of the autopen, declaring that a wide range of Biden-era documents—executive orders, directives, and even pardons—should be considered void. His latest remarks, posted on Truth Social, continue a narrative he has pushed for months: that Biden did not personally authorize a large share of his presidential actions.

In the lengthy post, Trump claimed that “any document” bearing Biden’s mechanically reproduced signature “is hereby terminated, and of no further force or effect.” He alleged—without evidence—that the device was used without Biden’s knowledge and insisted that only documents “directly signed” in Biden’s handwriting held legal legitimacy. Trump further suggested that Biden could face perjury charges if he asserts that he approved those autopen signings.



The remarks, while attention-grabbing, carry no legal weight on their own. A declaration on social media cannot override a presidential order, revoke a pardon, or rewrite administrative history. Nonetheless, the statement has sparked renewed debate over what a president is legally empowered to reverse after leaving office—and what role the autopen actually plays in the modern White House.

What Is the Autopen—And Why Do Presidents Use It?

The autopen is a mechanical device capable of reproducing a person’s handwritten signature using real ink. It has existed in various forms since the early 1800s and has been used by presidents, business leaders, diplomats, and public officials who sign thousands of documents annually.

Its adoption within the presidency isn’t new. Historical records show that Thomas Jefferson used an early version of the autopen. In more recent years, presidents including Lyndon B. Johnson, Gerald Ford, George W. Bush, Barack Obama, Donald Trump, and Joe Biden have all relied on it for routine correspondence. Obama made history in 2011 as the first president to use an autopen to sign a bill into law.

The legality of the practice is not in serious dispute. In 2005, during the Bush administration, the Department of Justice’s Office of Legal Counsel concluded that a president can legally direct another person—or a machine—to apply his signature, provided the action reflects his decision. The Constitution does not require the president to personally place pen to paper.

Trump’s Renewed Attacks on Biden’s Legitimacy

Trump’s criticism of the autopen is part of a broader effort to undermine Biden’s time in office. He has repeatedly portrayed Biden as cognitively impaired and manipulated by aides, framing the use of the autopen as evidence that Biden was not overseeing his own administration.



This rhetoric extends to pardons—one area Trump has especially focused on. He has argued that pardons signed by autopen should be void, despite legal precedent indicating otherwise. A 1929 memo from the U.S. solicitor general noted that the Constitution does not dictate a specific method for signing pardons.

Trump himself has acknowledged using an autopen during his own presidency, although he described his usage as limited to “unimportant papers.” Critics argue that his selective outrage suggests political motive rather than legal concern.

Biden and Legal Experts Push Back

Biden has rejected claims that he was unaware of documents bearing his autopen signature. In interviews, he emphasized that he personally made the decisions behind all his executive actions. He described allegations to the contrary as “ridiculous” and politically driven.

Legal scholars widely agree that Trump cannot nullify Biden-era documents retroactively, especially via social media posts. Executive orders can be reversed only through new executive orders. Pardons, once issued, are irreversible—regardless of the signing method.

Recent Republican-led congressional inquiries questioned the transparency around Biden’s autopen use but did not provide evidence that White House staff acted without authorization.



For now, Trump’s latest statement appears to be more political messaging than actionable policy. Still, it hints at potential future battles over executive power and how far a returning president might attempt to go in rewriting his predecessor’s legacy.

FAQ

Can a president legally use an autopen?

Yes. The DOJ concluded in 2005 that autopen usage is constitutional and valid when directed by the president.

Can Trump cancel Biden’s orders this way?

No. Revoking an executive order requires issuing a new executive order—not a social media post.

Are autopen-signed pardons legal?

Yes. Pardons are valid regardless of the method of signature, and once issued, they cannot be undone.



Did Biden approve the documents signed with an autopen?

According to Biden, yes. Investigations have not produced evidence proving otherwise.

Do other presidents use autopens?

Many have—including Jefferson, Johnson, Ford, Bush, Obama, Trump and Biden.



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