A legal expert has clarified that former President Donald Trump cannot revoke the executive orders or pardons issued by President Joe Biden. This assertion comes following Trump’s claims that Biden’s use of an autopen to sign official documents invalidates their legal standing. According to Eric A. Baldwin, a postdoctoral research fellow at Stanford Law School, the notion that a sitting president can nullify the actions of a predecessor lacks any legal foundation.
Baldwin explained that constitutional law does not grant a new president the authority to retroactively void pardons or executive orders. “Pardons are constitutionally final once granted,” he noted. The legal precedent set by the case of United States v. Klein demonstrates that the legality of actions taken by a former president cannot be overturned based solely on the method of signing, such as using an autopen.
In his analysis, Baldwin highlighted that the autopen used by Biden is not unique to his administration. It has been employed by past presidents, including George W. Bush, Barack Obama, and even Trump himself. He remarked, “Presidents have used mechanical or proxy signature devices going back for at least 50 years.” Citing a memo from the Justice Department’s Office of Legal Counsel from 2005, he confirmed that autopen signatures carry full legal effect and no court has disputed this interpretation.
The consequences of a pardon, once issued, are final and cannot be reversed. Baldwin emphasized the legal clarity provided by the courts, stating, “Neither Congress nor the executive can manipulate the effect of valid pardons after the fact.”
Trump’s recent post on Truth Social reiterated his stance, asserting that any documents signed by Biden using an “unauthorized” autopen are null and void. He declared, “Any and all Documents, Proclamations, Executive Orders, Memorandums, or Contracts, signed by Order of the now infamous and unauthorized ‘AUTOPEN’… are hereby null, void, and of no further force or effect.”
Baldwin further clarified the procedural requirements for a president seeking to rescind an executive order. He stated, “To replace or rescind an executive order, the president must issue a new written order.” Additionally, any changes to regulations must adhere to the procedures outlined in the Administrative Procedure Act, which includes providing notice, allowing public comment, and offering a reasoned explanation for any changes made.
This legal insight underscores the complexities surrounding executive actions and the limitations imposed on a sitting president regarding the decisions of their predecessors.
