Trump Accuses Biden of ‘Illegal’ Autopen Pardons, Claims Authority Was Hijacked

Washington, D.C. – President Donald Trump is escalating his criticism of former President Joe Biden, reviving allegations that Biden’s team illegally used an autopen to issue pardons during Trump’s first term in office. Speaking from the White House press room this week, Trump claimed that “several clemency orders were never authorized” by him personally and instead were “illegally signed off” by Biden or members of his transition team in early 2021.

The accusation, long circulated among Trump allies, has gained new prominence now that Trump has returned to office. By reintroducing the claim, the President is drawing fresh attention to one of the murkiest controversies surrounding the final days of his first administration.

Trump’s Accusations Against Biden

President Trump directly accused Biden of orchestrating a constitutional violation.

“I never gave those orders, I never signed those pardons,” Trump told reporters. “Joe Biden and his people used the autopen illegally. They had no authority, no right, and it was completely unconstitutional.”

The President further alleged that specific individuals who received clemency during the January 2021 transition may have been freed without his approval. Although Trump did not name those individuals, he said his administration is reviewing all records of pardon authorizations.

What Is the Autopen and Why It Matters

The autopen is a mechanical device that replicates a person’s signature. It has been used by presidents for decades to sign ceremonial documents, letters, and in some cases, legislation when the president is unavailable.

The issue raised by Trump is whether Biden, as then-incoming president, had any role in directing the use of the autopen to finalize clemency orders before January 20, 2021. Under the Constitution, the power to grant pardons rests solely with the sitting president.

“Only a sitting president can authorize a pardon or commutation,” said Daniel Kremer, a constitutional law scholar at Georgetown Law. “If another party directed the use of the autopen without Trump’s consent, that would raise serious constitutional and legal concerns.”

White House Framing the Review

The Trump administration announced that the Department of Justice will begin an internal review of all clemency documents signed between December 2020 and January 2021.

Press Secretary Kayleigh McEnany told reporters, “President Trump is committed to ensuring that every action taken under his authority was done lawfully. If we discover that pardons were issued without authorization, those cases will be re-examined.”

The President himself suggested that congressional hearings may be necessary if irregularities are confirmed.

Biden Camp Responds

The Biden Presidential Center, in a rare public statement, rejected Trump’s allegations.

“These claims are false, misleading, and designed to stir political division,” the statement read. “All pardons issued in January 2021 were authorized by then-President Trump. The suggestion that President Biden or his staff intervened is without merit.”

Biden, now largely focused on post-presidency initiatives, has not personally commented.

Historical Controversy Over Pardons

Presidential pardons are among the most scrutinized powers in American politics. Trump’s own clemency decisions during his first term—such as pardons for Michael Flynn, Roger Stone, and Steve Bannon—were criticized heavily by Democrats.

By contrast, Biden faced pressure during his presidency for a slower pace of pardons, particularly from advocates of criminal justice reform. The possibility that he could have influenced clemency decisions before taking office, however, is unprecedented.

“Presidential clemency is a constitutional power that is non-transferable,” said Dr. Rebecca Ellis, a political historian at the Brookings Institution. “If Biden’s team exercised that authority before January 20, it would represent an extraordinary breach of norms.”

Calls for Investigation

The allegations have sparked new debate on Capitol Hill. Republican senators have urged for a bipartisan inquiry into the 2021 clemency process.

Sen. Josh Hawley (R-MO) said, “If pardons were issued without President Trump’s authorization, that’s a constitutional crisis. The American people deserve the truth.”

Democrats countered that the President is recycling baseless conspiracy theories to discredit his predecessor.

Sen. Richard Blumenthal (D-CT) responded, “President Trump is trying to rewrite history. The records are clear—he authorized those pardons. These allegations are simply not credible.”

Legal Questions Moving Forward

Fact-checkers note that clemency orders issued in January 2021 were processed through the Office of the Pardon Attorney at the Department of Justice and publicly listed under Trump’s authority. Legal experts stress that proving Biden interfered directly would require documentation or testimony not currently available.

Still, Trump’s insistence on reopening the matter underscores how procedural details—such as the use of an autopen—can evolve into high-stakes political battles.

“The autopen itself is not illegal,” Kremer explained. “The key issue is whether the president authorized its use. If he didn’t, and if someone else acted without authority, that’s when constitutional questions arise.”

Why It Resonates With Voters

For Trump’s supporters, the autopen controversy reinforces their broader belief that Biden overstepped his bounds even before taking office. For critics, it highlights Trump’s pattern of raising unsubstantiated claims to rally his base.

The issue also plays into the 2026 midterm election narrative, where Trump’s Republican allies are expected to campaign on restoring “constitutional accountability” in Washington.

Looking Ahead

As President Trump pursues this controversy during his second term, the outcome may depend on whether investigators uncover documentary evidence of Biden’s alleged involvement.

In the meantime, the debate over the autopen underscores a larger reality: even the smallest procedural questions can evolve into major political flashpoints when presidential power and legitimacy are at stake.