Trump's announcement, made on Truth Social, was based on his belief that Biden was not fully aware of the pardons he was granting, as they were signed using an "autopen," a device that automatically reproduces a person's signature, typically used when there are numerous documents to sign.
As reported by The Post Millennial, the pardons in question were granted to members of the January 6 Select Committee in Congress, including Liz Cheney and Bennie Thompson. Additionally, pardons were issued to Dr. Anthony Fauci, Biden's Covid-czar, and former Chairman of the Joint Chiefs of Staff Mark Milley.
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Trump expressed his disapproval in no uncertain terms, stating, "The 'Pardons' that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT." He attributed this decision to the use of the autopen, asserting that Biden did not sign the pardons himself and, more significantly, was unaware of their existence.
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In December, it was reported that the Biden administration was considering pardons for members of the J6 committee, according to White House counsel Ed Siskel and chief of staff Jeff Zients. However, it remained unclear whether Biden was involved in these discussions or had formed an opinion on the matter.
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Trump further argued that Biden was not informed about the pardoning documents, suggesting that those involved in their creation might have committed a crime. He warned the members of the Unselect Committee, who he accused of destroying and deleting all evidence obtained during their two-year investigation of him and others, that they could be subject to high-level scrutiny. Trump claimed that these individuals were likely responsible for the documents signed on their behalf without Biden's knowledge or consent.
If these pardons were indeed voided, it would pave the way for investigations into Fauci, Milley, and the J6 committee. However, with the pardons currently in effect, those on the J6 committee could invoke their Fifth Amendment rights to remain silent if subpoenaed and questioned.
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The question remains whether Trump has the legal authority to nullify a previous president's pardons once they have been finalized. His argument hinges on the belief that Biden's aides used a device to sign the pardons without Biden's knowledge. The pardons issued were "unconditional," including one granted to Biden's son, Hunter Biden, who was convicted on federal gun and tax crimes. Trump himself pardoned approximately 1,600 Americans charged with offenses related to the January 6, 2021 Capitol riot.
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Historical precedent suggests that pardons can be revoked before they are officially delivered to the pardoned individuals, but not after. President George W. Bush once revoked a pardon he had issued before the recipient received it. Similarly, in 1869, President Ulysses S. Grant successfully revoked a pardon issued by his predecessor Andrew Johnson because the recipient had not yet received it. Whether Trump can successfully apply this precedent remains to be seen.
