President Donald Trump has claimed that a batch of last-minute blanket pardons issued by former President Joe Biden are "null and void."
President Trump, without providing any evidence, asserted that Biden never actually signed the pardons and that an autopen was used instead.
The Trump administration is reportedly exploring the legitimacy of the pardons, according to an administration official. The official added that the administration is exploring potential challenges to the pardons.
In the final hours of his presidency, Biden issued pardons for a number of individuals, including Dr. Anthony Fauci, retired Gen. Mark Milley, members of the House Jan. 6 investigative committee, as well as for several of his own family members.
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"I would say that they're null and void because I'm sure Biden didn't have any idea that it was taking place. And somebody was using an autopen to sign off and give pardons," Trump said.
White House Press Secretary Karoline Leavitt was asked on Monday whether President Trump had evidence Biden was unaware of the autopen being used. She claimed President Trump was simply asking the question and encouraged reporters to investigate.
"The president was raising the point that, 'Did the president even know about these pardons was his illegal signature used without his consent or knowledge?"' Leavitt stated.
While the courts could ultimately decide the legality of the pardons, experts tell Scripps News that the pardons are likely to hold up due to precedent for the use of the autopen.
"When George Bush decided that rather than sign various orders, he would simply instruct a subordinate to sign. He just made sure and asked the Office of Legal Counsel, "This has got to be OK.' And the Office of Legal Counsel responded with a memo that's all over the web saying, of course, it's OK for the president not to physically sign if the president orders his signature be there," said Mark Graber, Regents Professor at the University of Maryland Carey School of Law.
Rep. Adam Schiff, who served on the House Jan. 6 investigative committee, responded to Trump's comments, saying members are proud of their work and that "your threats will not intimidate us. Or silence us."
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