President Donald Trump, in a post made early Monday on his Truth Social platform, claimed without evidence that the pardons issued by Joe Biden to members of the House Select Committee investigating the January 6, 2021, Capitol attack are invalid. Trump argued that the pardons are void because Biden used an autopen, a mechanical device that signs documents, instead of signing them by hand.

“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, because of the fact that they were done by Autopen,” Trump wrote in his post.

Trump Questions Legitimacy of Pardons and Calls for Investigations

Trump further alleged that Biden neither approved nor was aware of the pardons. According to Trump, this undermines their legitimacy and leaves the recipients open to potential investigation.

“Therefore all the committee members would be ‘subject to investigation at the highest level,’” Trump added in his online statement.

Despite Trump’s claims, constitutional experts emphasise that the U.S. Constitution grants the president exclusive authority to issue pardons. There are no legal grounds for a subsequent president to revoke a pardon based on how it was signed, or for any other reason, aside from the technical delivery of the pardon to its recipient.

Additionally, while presidential pardons cannot apply to crimes involving impeachment, there is no constitutional provision permitting another president to nullify a valid pardon—whether signed by hand or autopen.

Biden’s Preemptive Pardons

President Biden issued these preemptive pardons in January, during the final days of his term, in what was described as one of his last official acts. The pardons aimed to protect public officials and figures who had investigated Trump or criticised him while in office, shielding them from possible retaliation under a new Trump administration.

Among those pardoned were members of the Jan. 6 House Select Committee, including Sen. Adam Schiff, D-Calif. (who was a House member at the time), and former Representatives Liz Cheney, R-Wyo., Adam Kinzinger, R-Ill., Elaine Luria, D-Va., and Stephanie Murphy, D-Fla. Current Representatives who also received pardons include Pete Aguilar, D-Calif., Zoe Lofgren, D-Calif., Jamie Raskin, D-Md., and Bennie Thompson, D-Miss., who served as the committee’s chair.

In addition to committee members, Biden’s pardons extended to other high-profile figures such as former Joint Chiefs of Staff Chairman Mark Milley and Dr. Anthony Fauci, both of whom had faced sharp criticism from Trump during his presidency.

Trump’s Accusations of “Major Crimes”

Since Biden issued the pardons, Trump has maintained that the committee members are guilty of unspecified "major crimes." After the pardons were announced, Trump reiterated this claim in a message to NBC News, where he wrote the term “MAJOR CRIMES” in all capital letters. However, Trump has not provided evidence or details to support these allegations.

Biden’s Record on Pardons and Clemency

Biden's decision to issue these preemptive pardons came as part of a broader exercise of presidential clemency. He issued nearly 2,500 commutations and pardons during his final days in office — a record number for a sitting president. His clemency orders included more than 2,000 people convicted of nonviolent drug-related offences, highlighting a focus on criminal justice reform.

Trump’s Own Pardons and Clemency Acts

Notably, Trump himself had issued about 1,500 pardons and commutations before leaving office, including to individuals charged in connection with the Jan. 6 Capitol riot. Trump also commuted the sentences of 14 of his political allies, including members of extremist groups like the Proud Boys and Oath Keepers, who had been convicted of seditious conspiracy for their roles in the attack on the Capitol.

Legal Experts Say Biden’s Pardons Stand

Despite Trump’s public statements, constitutional law scholars point out that there is no mechanism under U.S. law for a former president to invalidate the pardons issued by a sitting president, regardless of whether an autopen was used. Presidents have relied on autopen technology for decades to sign documents, including critical pieces of legislation and executive actions, when necessary.

At this time, it remains unclear if Trump intends to pursue a specific legal course to challenge the pardons or whether his statements signal planned investigations into committee members if he returns to office. The White House has not commented on Trump’s claims as yet.

Trump’s challenge to Biden’s use of an autopen to issue pardons marks a dramatic but legally unsupported move to contest presidential clemency. With no constitutional provision allowing a successor to overturn a predecessor’s pardons, experts suggest that Biden’s pardons for members of the Jan. 6 committee and others remain valid and enforceable. Whether Trump will follow through on his threats of investigation or legal action is yet to be seen, as the political and legal debates surrounding January 6 and its aftermath continue to unfold.