Trump Vows to Terminate Biden’s Autopen Orders, Sparks Legal Debate

Former President Donald Trump announced he would terminate all executive actions signed by President Joe Biden using an autopen. He made the declaration on his Truth Social platform. The move targets a significant portion of Biden’s official documents.

Trump claims 92 percent of Biden’s orders were signed by the machine. He alleges Biden was not involved in the process, calling the actions illegal.

Legal Experts Question the Feasibility of Mass Termination

According to the Associated Press, an autopen is a device that replicates a handwritten signature. Its use by presidents is not new. Both Barack Obama and George W. Bush utilized the technology for official documents.

A 2005 Justice Department guidance clarifies the legality. It states a president need not physically sign a document for it to be valid. They can direct a subordinate to use an autopen.

The core of Trump’s argument rests on Biden’s alleged lack of personal approval. Legal experts say this is a high bar to prove in court. They note past autopen-signed orders have not been invalidated solely on that basis.

Broader Implications for Presidential Authority

This situation highlights a gray area in executive power. The method of signing is less important than the clear delegation of authority. If a president knowingly authorizes the use of an autopen, the act is considered valid.

For the public, this creates uncertainty around the stability of federal directives. It could set a precedent for challenging administrative actions based on procedural grounds rather than substance. The long-term effect may be increased legal challenges to executive orders.

The controversy over the autopen underscores ongoing debates about executive power. The legality of Trump’s proposed mass termination remains highly questionable. This event is likely to fuel further discussion about the mechanics of presidential authority.

Info at your fingertips

What is an autopen?

An autopen is a machine that replicates a person’s signature. It uses a digital copy and a mechanical arm to sign documents. This allows for consistent signatures on high volumes of paper.

Have other presidents used an autopen?

Yes, previous presidents have used the technology. Both Barack Obama and George W. Bush utilized autopens during their terms. Its use is an established practice for managing administrative workload.

Is using an autopen legal for executive orders?

A 2005 Justice Department opinion found it legal. The key is that the president must authorize the action. The physical act of signing can be delegated to a machine.

What is the main legal argument against Trump’s move?

Legal experts say a president cannot simply void a predecessor’s valid orders. To challenge them, one must typically prove they were unlawful or unconstitutional at their inception, not just signed by a machine.

Could this affect past presidential pardons?

Constitutional experts say pardons do not even require a written signature. The president’s power to grant clemency is vested in the office itself. The method of recording that decision is largely administrative.