President Donald Trump attempted to nullify preemptive pardons granted to members of the Jan. 6 committee that he has suggested he would like to prosecute.
“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,” Trump wrote in the early hours of Monday morning on Truth Social.
The president attempted to justify his social media proclamation by claiming that the pardons Biden issued were invalid because “they were done by Autopen.” The accusation was based on viral, yet unsubstantiated social media claims made earlier this month by The Heritage Foundation, who claimed they had analyzed a slate of Biden’s signatures and found them to be identical. Regardless of Biden’s alleged usage of an autopen (which has been employed by presidents since Thomas Jefferson was in office), the pardon power of a president is virtually unquestioned, and there is no constitutional provision allowing future presidents to revoke pardons issued by their predecessors.
Trump further claimed that Biden not only “did not sign” the pardons granted to Jan. 6 committee members — including to Sen. Adam Schiff (D-Calif.), Reps. Jamie Raskin (D-Md.) and Pete Augilar (D-Calif.), and former Reps. Liz Cheney (R-Wyo.) and Adam Kinzinger (R-Ill.) — “more importantly, he did not know anything about them!”
“The necessary Pardoning Documents were not explained to, or approved by, Biden,” Trump added. “He knew nothing about them, and the people that did may have committed a crime. Therefore, those on the Unselect Committee, who destroyed and deleted ALL evidence obtained during their two year Witch Hunt of me, and many other innocent people, should fully understand that they are subject to investigation at the highest level.”
In the process of crafting the post, the president — intentionally or unintentionally — highlighted exactly why members of the committee were granted preemptive pardons in the first place. He has long said the committee members need to be investigated (or worse), baselessly accusing them of criminality, while broadly threatening retaliation against those he perceives to be his political enemies.
Following Trump’s election win last November, Biden issued a record-breaking wave of commutations and pardons, mostly to individuals convicted of nonviolent drug offenses. Biden also issued a series of pardons intended to shield high-profile lawmakers and members of his administration who were in danger of being singled out by the Trump administration for retaliation over the various legal cases and prosecutions brought against Trump between his two terms.
“These are exceptional circumstances, and I cannot in good conscience do nothing,” Biden wrote in a statement announcing the pardons. “Baseless and politically motivated investigations wreak havoc on the lives, safety and financial security of targeted individuals and their families.”
“The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense.”
Trump — who had repeatedly hinted or outright threatened to investigate, prosecute, and even execute those granted protection by Biden — was livid. On Monday, Trump went so far as to suggest that the pardon recipients “were probably responsible for the Documents that were signed on their behalf without the knowledge or consent of the Worst President in the History of our Country.”
While speaking to reporters on Air Force One, Trump admitted that he too uses an auto-pen. “I mean, we may use it — as an example — to send some young person a letter,” he said. “It’s nice and, you know, we get thousands and thousands of letters and letters of support for young people for people that aren’t feeling well etc. But to sign pardons and all of the things that he signed with an auto-pen, it’s disgraceful.”