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BREAKING: Donald Trump Declares Biden's Pardons To Be 'VOID … AND OF NO FURTHER FORCE OR EFFECT’

Aaron Walker
Aaron Walker | 3:18 AM on March 17, 2025
AP Photo/Jae C. Hong

He’s done it!!! The crazy bastard has done it!

We say that approvingly, but just a bit ago, Trump dropped this on TruthSocial:

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The cut off text reads:

In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them! The necessary Pardoning Documents were not explained to, or approved by, Biden. 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. The fact is, they 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, Crooked Joe Biden!

This is technically a Twitter/X account that basically mirrors what Trump says on TruthSocial. We would embed the original TruthSocial post, but frankly, we are having trouble doing that and we think the culprit is the popularity of the TruthSocial post. But this mirrored post is a true and correct copy of what Trump posted.

Indeed, Trump seemed to be teeing up the issue when talking on Air Force One earlier tonight:

The pertinent part of the discussion can be found at around the 1:30 and 5:01 minute marks. Thanks to Warren for the tip and for reporting that a meme Trump posted foreshadowed this declaration.

Of course, regular readers know that this author has been talking about the possibility that one or more of Joe Biden’s official actions as president were null and void due to incompetence since at least last December. As we wrote previously when discussing Hunter Biden’s pardon:

what if Joe Biden was no longer competent, mentally, to issue such a pardon, either in general or just at the specific moment he signed it? The 25th Amendment sets up one method of dealing with incompetent presidents but the law might organically develop another.

For instance, imagine this outlandish scenario. Imagine someone slipped an unusually potent dose of LSD into the president’s drink and while under the influence, the president issued all kinds of crazy new regulations. When the president was him or herself again, surely the President can say that the regulations were not properly issued because he was not competent to do so, right? So why can’t someone say that at some point in the presidency, Biden became unable to issue pardons? Thus the Trump administration could investigate the pardon on that basis: To see if Biden was competent to issue it. And if he wasn’t, perhaps it could be rescinded.

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We have talked about the issue further here, here and here, and we stand by our analysis. If Joe Biden signed a will when he was incompetent, black letter law says it would be considered null and void. So why should we treat a pardon any differently?

Naturally, Trump’s proclamation by TruthSocial is following a slightly different theory. The claim is that these pardons were not signed by hand by Biden and the autopen was not used with Biden's knowledge and agreement. We believe the courts would probably accept signature by autopen, as long as the President actually consented to the signature—if only because if the courts rendered null and void every autopen signature, that would undo actions going back to at least the Obama administration, if not further. But the theory that Trump is pushing is that Biden did not consent to those signatures.

And this makes perfect sense. If someone used the autopen without Trump’s signature to try to issue a pardon, Trump could simply say ‘I didn’t actually sign this, and I didn’t consent to anyone using my signature to issue such a pardon’ and that would almost certainly nullify the purported pardon. No incompetency is necessary.

But the issue of Biden’s likely incompetency still might creep into any case arising from Trump's decision. For instance, a judge might normally assume that if a pardon was issued, and the President didn’t personally withdraw it, that it was presumptively valid. The reasoning might go like this:

1. A pardon is a significant public act.

2. It is reasonable to assume that the President closely monitors what pardons, executive orders and so on go out in his name.

3. So if he didn’t object to the pardon, presumably it is because he actually wanted the pardon to issue.

But that only works when we are talking about a competent president. As we shared with you previously, Speaker Johnson once talked to Biden about an executive order he allegedly signed, and he revealed he had no idea he had allegedly signed it.

The other way it might come in is in trying to prove that Biden did in fact sign the pardons. A competent president, who has left office, could simply appear in any case where this becomes an issue and testify that he did authorize a specific pardon. For instance, imagine if Barack Obama allegedly signed a particular pardon using autopen and there was a question of whether or not he had consented to it. Well, Obama could actually testify in court that ‘while an autopen was used, I was aware that they were going to do that and consented to the pardon.’ We think that would be sufficient in most cases to uphold the pardon.

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But … could Biden remember whether or not he signed a particular pardon? Could he remember with any specificity whether he did anything during his time as president?

And one danger the Trump administration should guard against is Biden just blanket claiming that every pardon was valid. Biden might know he was slipping or that he might have been tricked and he might be too prideful to admit it.

So, this is what the Trump administration should do.

1. Send two investigators to Biden’s home. Have them record everything on video.

2. Bring copies of every purported pardon allegedly issued by him.

3. Also bring completely fake ‘forged’ pardons that they just made up that look substantially similar to the ones issued during his tenure and mix them in with the allegedly ‘real’ pardons.

4. Ask Biden about each ‘pardon’ including the new fakes.

5. See if Biden recognizes the newly forged pardons as fakes.

And if Biden can’t remember signing an alleged pardon issued during his tenure, it should be declared invalid. If Biden can’t distinguish between the newly forged pardons and the ones allegedly issued during his presidency, then the courts should hold that they are all invalid. And the only exceptions the courts should make to that approach is if other independent evidence exists positively proving that Joe Biden knowingly consented to those pardons.

And indeed, this will be decided by the courts—as Trump indicated on Air Force One. Trump’s TruthSocial declaration has no legal effect. But it might be accompanied by orders from Trump to start prosecuting people covered by the pardons, especially Hunter Biden. Hunter would naturally claim that the pardon protected him and the prosecutors would claim that Joe Biden did not consent to it and, therefore, legally, no pardon was issued. We shall see how it shakes out, but if the facts show that any pardoned was signed by autopen without Biden's knowledge or consent, they should be treated as void.

And do we have to tell you that this got people’s attention?

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The cut off text:

- Dr. Fauci 

- General Mark Milley 

- J6 Committee

Don't threaten us with a good time.

The cut off text:

Even if the pardons are valid, under current SCOTUS precedent, accepting a pardon requires admitting an offense against the United States. If they admit the crime and SCOTUS allows conditional pardons, a state AG could use the confession to charge them under state law.

This last-minute autopen pardon could lead to years of litigation, exposing the Biden family's crimes and how they profited at American taxpayers' expense.

We are aware of the Supreme Court saying something to the effect that a pardon is an admission of guilt, but only as dicta, so it has no precedential effect. (We discuss what dicta is, here.) And we think this is completely unpersuasive. Many pardons are issued based on the explicit belief that the person being pardoned is actually innocent. Some of the earliest pardons were issued by Thomas Jefferson to people convicted under the Sedition Act. Jefferson explicitly stated that he believed that the statute was unconstitutional and those people were being punished in violation of the First Amendment. Pardons are for innocent people too.

But an autopen signature can only be valid if it is signed with the President’s consent.

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The cut off text:

If Trump follows through on voiding them, expect a massive legal battle. The left will scream, but the real question remains—if these pardons were issued through fraud, does the law even recognize them as legitimate? Buckle up, because this could get wild.

That’s a pretty safe prediction. Buy stock in popcorn companies.

Were those documents you signed by autopen signed without your consent?

(For the record, he is not technically using a naughty, naughty word. Check the spelling.)

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Heh. As they say, sometimes it isn’t the conspiracy that gets them caught. It’s the coverup.

Nothing in the Constitution indicates that someone other than the president can issue a pardon without the President’s knowledge and consent. That’s what this would be, if Trump is right: Someone besides the president purporting to issue a pardon in his name.

Removing the pardon doesn’t automatically mean anyone is prosecuted. Trump can still decide not to prosecute certain people.

Not if Trump is signing them by hand.

Harsh. But also funny.

Finally:

Worth considering.

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Tags: ADAM SCHIFF HUNTER BIDEN JOE BIDEN PARDON TRUMP JANUARY 6 COMMITTEE

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