Trump ‘terminates’ all autopen orders of Biden; Former US Prez to face charges of perjury?

Key Concepts

• Autopen: A device used to replicate a person's signature in ink, often for signing documents in bulk.
• Executive Orders: Directives issued by the President of the United States to federal agencies.
• Presidential Pardons: The power of the President to forgive individuals convicted of federal crimes.
• DOJ Guidance: Directives and interpretations from the Department of Justice regarding legal matters.
• Constitutional Crisis: A situation where the established constitutional order is threatened or breaks down.
• Perjury: The offense of willfully telling an untruth or making a false statement in a court of law or during a legal proceeding.

Trump's Declaration on Biden's Autopen Use

On November 28th, former US President Donald Trump declared that all executive orders signed by his predecessor, President Joe Biden, using an autopen would be considered "null and void." Trump asserted on Truth Social that approximately 92% of Biden's orders were signed this way and are therefore "terminated and of no further force or effect." He further claimed that Joe Biden was not personally involved in the process and warned that if Biden stated otherwise, he would face charges of perjury.

The Autopen: History and Legal Precedent

The autopen, patented in the US in 1803, is a device designed to replicate a person's signature in ink, commonly employed for mass signing. A 2005 Justice Department guidance indicates that a president can sign a bill by authorizing a subordinate to affix the presidential signature, for instance, via autopen. However, this DOJ memorandum stressed that the president must retain ultimate authority over the approval process, with the autopen serving solely to replicate the signature after approval. Many US presidents, starting with Thomas Jefferson, have utilized the autopen, including Truman, Ford, Johnson, Kennedy, and Obama, who signed legislation like the Patriot Act while overseas. In March, Trump himself stated he used the autopen for "very unimportant papers."

Allegations and Investigations into Biden's Autopen Use

This is not the first instance linking President Biden's name to the autopen. An October report by the House Oversight Committee, led by Republican James Comer, suggested that senior White House officials might have exploited the president's authority or concealed his declining mental and physical condition. The report characterized the "Biden autopen presidency" as a significant scandal. Democrats on the committee, however, dismissed the report as a "sham."

Arguments and Counterarguments

The transcript presents a strong argument from the perspective that Biden's alleged autopen use indicates a lack of mental capacity and that others were running the White House. This perspective is supported by claims that Biden "could not form the requisite mental state to stand trial" and "did not have the mental ability to stand trial." Vice President Harris is quoted as having previously dismissed such concerns, with the transcript asserting, "They lied to us for four years." The argument posits that the "bill of goods they sold this country" led to a "constitutional crisis" and that the current administration is afraid to acknowledge this. The debate intensifies with the assertion that running Biden for president again is "a form of elder abuse" and that his cognitive ability to perform presidential duties is questionable.

Conversely, Biden defended his autopen use, telling the New York Times, "I made every decision," and explaining it was for "efficiency on clemency warrants involving many people."

Trump's Continued Scrutiny and Actions

Trump has consistently targeted Biden's autopen use, previously claiming in March, without providing evidence, that Biden's pardons were "void, vacant, and of no further force in effect." He has repeatedly questioned Biden's cognitive abilities. Earlier this year, Trump displayed a photo of an autopen in the White House's new presidential gallery, with the device replicating Biden's signature in a copper frame.

Legal Ramifications and Presidential Powers

The transcript notes the uncertainty regarding how Trump intends to reverse Biden's actions. While presidents can legally revoke previous executive orders, they cannot overturn their predecessors' pardons. Legal experts state that the US president cannot overturn a predecessor's pardons, and the Constitution does not mandate a handwritten signature. Experts from Stanford Law point out that Article 2 simply grants the president the power to pardon.

Trump's Mockery of Biden's Turkey Pardon

The transcript includes a segment where Trump mocks Biden's use of the autopen during a Thanksgiving turkey pardon ceremony. Trump humorously refers to a "Department of Everything" which he equates to the White House, and declares last year's turkey pardons, allegedly signed by Biden using an autopen, to be "totally invalid." He extends this invalidity to "about every other person that was pardoned," with the exception of Hunter Biden. He states these pardons are "hereby null and void." Trump then announces he is officially pardoning the turkeys, Peach and Blossom, who were reportedly on their way to be processed (killed), thus saving them from being served for Thanksgiving dinner.

Conclusion

The transcript highlights a significant political dispute surrounding President Biden's use of an autopen for official documents, particularly executive orders and pardons. Former President Trump has leveraged this issue to question Biden's competence and legality of his actions, declaring many of Biden's orders and pardons invalid. While the autopen has a history of presidential use for efficiency, the current debate is framed by accusations of concealed declining mental capacity and a potential constitutional crisis. The legal standing of overturning pardons and the validity of autopen signatures remain central to the discussion, with Trump taking direct action to nullify past pardons, specifically targeting the Thanksgiving turkey pardons.