Trump targets Biden's pardons: is autopen signing legitimate?

Trump claims Biden’s autopen-signed pardons are invalid, raising questions about the legitimacy of using machines for presidential power. But what is an autopen?

In a term known for quickly signing off on legislation, Donald Trump has now called out former president Joe Biden's pardons as rogue for using an autopen to sign documents.

An autopen is a mechanical device used to sign documents, such as when celebrities have to sign thousands of autographs in a day or when a lawyer or political figure needs to sign pages of legislation en masse.

Opponents often question the legitimacy and intention of a senior political figure who does not hand-sign such a high-level legal agreement.

On Sunday 16th March, Trump took to his Truth Social account to post two portraits of himself on a timeline during his two terms, sandwiching a shot of the autopen device producing ex-President Biden’s signature.

The president has the power under Article II, Section 2 of the Constitution to pardon federal crimes if they see fit. Biden previously did this for Liz Cheney – investigating the January 6th insurrection, Mark Milley – criticizing Trump's use of the military, and Anthony Fauci – an opponent of Trump’s COVID-19 policies.

The autopen has been used throughout the decades by presidents, starting with Gerald Ford in the 1970s for routine correspondence, through to Bill Clinton in the 1990s for things like condolence letters, and by George W. Bush and Barack Obama for signing bills into law.

Because Joe Biden had previously used the mechanical device for signing executive orders, and in this case, allegedly pardons, Trump has questioned the legitimacy of the exonerations and raised major concerns about their authenticity.

As recently as 2024, the Fourth Circuit Court of Appeals ruled that a pardon doesn’t have to be in writing to be valid. This decision supports the idea that the intent behind the pardon, rather than the physical act of signing it, is what truly matters.

Various posts on X described the autopen in a routine manner, suggesting that it is a standard operating procedure used by the president.

Complete and utter nonsense of course.
Autopens are SOP,
and if you want to go back even further, ancient kings used a ring and wax. https://t.co/BR05K4x5El

undefined 我不会说中文 🆗 (@istartedi) March 17, 2025

Thus, a signature – whether written or produced by an autopen – wouldn’t necessarily invalidate the pardon as long as the president authorized it.

Whether the courts will consider this challenge remains to be seen, as some opponents have previously questioned other administrations about the legitimacy of using machines to sign such high-integrity documents.

Given the fact that technology is advancing so quickly and automatically signing documents is fairly commonplace, it raises questions about the protocol for signing orders and pardons of the highest order.