A legal expert has clarified that former President Donald Trump lacks the authority to revoke executive orders, pardons, or proclamations issued by President Joe Biden. This statement comes amid Trump’s claims that Biden’s use of an autopen to sign these documents renders them legally invalid. According to Eric A. Baldwin, a postdoctoral research fellow at Stanford Law School, the assertion that a sitting president can simply “invalidate” the actions of a predecessor has no legal foundation.
Baldwin stated, “There is no legal basis for the idea that a president can invalidate a predecessor’s actions simply because they were signed with an autopen.” He emphasized that constitutional law does not grant a new president the power to retroactively void pardons or executive orders. Once granted, pardons are constitutionally final.
Legal Precedents and Autopen Use
The legal framework surrounding this issue includes the case of United States v. Klein, which illustrates that the legality of an executive action cannot be overturned merely due to the method of signing, including the use of an autopen. Baldwin highlighted that this signing method has been utilized by several past presidents, including George W. Bush, Barack Obama, and Trump himself.
He explained, “Presidents have used mechanical or proxy signature devices going back for at least 50 years.” A 2005 memo from the Justice Department’s Office of Legal Counsel concluded that the president can lawfully use an autopen for signing legislation, and these signatures carry full legal effect. “No court has rejected this view,” Baldwin added.
Baldwin further noted that the court has established that neither Congress nor the executive branch can manipulate the effect of valid pardons after they are issued. “Once a pardon has been issued, its legal consequences are final and cannot be undone or reversed,” he stated.
Trump’s Position and Legal Requirements
While Trump has expressed a desire to rescind Biden’s orders, Baldwin clarified that the former president cannot simply revoke them. Instead, any changes would require the issuance of a new written order. “To replace or rescind an executive order, the president must issue a new written order,” he explained.
Additionally, unwinding existing regulations requires adherence to the procedures outlined in the Administrative Procedure Act, which includes providing notice and comment as well as a reasoned explanation for any changes.
In a recent post on Truth Social, Trump reiterated his stance, declaring that any documents signed by Biden with what he termed an “unauthorized” autopen are null and void. He stated, “Any and all Documents, Proclamations, Executive Orders, Memorandums, or Contracts, signed by Order of the now infamous and unauthorized ‘AUTOPEN,’ within the Administration of Joseph R. Biden Jr., are hereby null, void, and of no further force or effect.”
As the debate over the validity of executive actions continues, Baldwin’s insights provide clarity on the legal limitations facing Trump. The established principles of constitutional law underscore the permanence of pardons and executive orders once enacted.
