US President Donald Trump has announced plans to cancel all executive orders signed by his predecessor, Joe Biden, using an autopen, a device that reproduces signatures. Trump made the declaration on his social media platform, Truth Social, asserting that the use of the autopen was unlawful and that Biden did not authorize it appropriately. This move marks a significant shift in the political landscape as Trump continues to challenge the legitimacy of Biden’s actions during the latter’s presidency.
Trump’s statement emphasized his belief that most executive orders issued by Biden were invalid because they were signed with the autopen. He claimed that approximately 92% of Biden’s documents fall under this category. “Any document signed by Sleepy Joe Biden with the Autopen is hereby terminated, and of no further force or effect,” Trump stated, reinforcing his position that such practices undermine the authority of the presidency.
The former president has long argued that Biden’s capacity to govern diminished significantly during the final months of his administration, suggesting that some aides may have improperly utilized the autopen without Biden’s direct input. Trump asserted that he is revoking all executive orders not physically signed by Biden, labeling the operation of the autopen as illegal. Additionally, he warned of potential legal repercussions if Biden asserts that he approved the documents signed with the device.
Legal Context and Historical Use of Autopens
Autopens have been utilized by both Democratic and Republican presidents when they are unable to sign documents in person. A legal opinion from the Justice Department in 2005 affirmed that the use of autopens is valid as long as they are authorized by the president. This historical precedent raises questions about the legality of Trump’s recent actions and whether they can withstand judicial scrutiny.
Biden’s late-term use of executive powers, particularly in regard to a significant number of pardons and commutations, has drawn criticism. Opponents argue that some of these decisions appeared rushed and lacked proper oversight. Trump has contended that these actions were illegitimate if signed via autopen without Biden’s direct involvement, contrasting this with his own practice of personally approving every action during his presidency.
Legal experts have pointed out that while a sitting president can revoke executive orders issued by a predecessor, there is no legal mechanism to reverse pardons once they are granted. This distinction is crucial as Trump navigates the implications of his recent announcements.
The Republican-led House Oversight Committee has requested the Justice Department to investigate Biden’s use of the autopen. Attorney General Pam Bondi has confirmed that the review is underway. The committee has reported difficulty in finding documentation that proves Biden authorized the use of the autopen for all actions it was employed to sign.
As tensions continue to mount between the two parties, Trump has also taken symbolic actions, such as replacing Biden’s portrait in the White House with an image of an autopen. This gesture underscores the ongoing rivalry and the stakes involved as political leaders navigate the complexities of executive authority in the United States.
