A legal expert has clarified that former President Donald Trump does not possess the authority to revoke executive orders, pardons, or proclamations issued by President Joe Biden. This assertion comes in response to Trump’s claims regarding the legitimacy of Biden’s use of an autopen to sign these documents. According to Eric A. Baldwin, a postdoctoral research fellow at Stanford Law School, a sitting president cannot invalidate the actions of a predecessor simply due to the method of signing.
Baldwin emphasized that “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 noted that constitutional law does not grant a new president the power to retroactively void legal decisions made by their predecessor. Once a pardon is granted, its legal consequences are final and cannot be undone.
In his commentary, Baldwin referenced the case of United States v. Klein, highlighting it as a clear example of how the legality of actions taken by former presidents cannot be overturned. He further pointed out that the autopen utilized by Biden has also been employed by previous presidents, including George W. Bush, Barack Obama, and even Trump himself.
Baldwin explained that the practice of using mechanical or proxy signature devices has been in place for over 50 years. This is supported by a 2005 memorandum from the Justice Department Office of Legal Counsel, which confirmed that a president may lawfully direct an autopen to sign legislation, and such signatures carry full legal effect. “No court has rejected this view,” Baldwin noted.
The legal expert further clarified that Trump cannot simply revoke an executive order. Instead, he must issue a new written order to replace the existing one. To unwind regulations, the administration is required to adhere to procedures outlined in the Administrative Procedure Act, which includes providing notice and comment along with a reasoned explanation for any changes.
On Truth Social, Trump reiterated his position, asserting that he would rescind any orders signed by Biden with what he termed an “unauthorized” autopen. He wrote, “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 discussion surrounding executive power and the validity of presidential actions continues, Baldwin’s insights highlight the legal boundaries that govern such matters. The precedent set by prior cases and the established practices of using signature devices ensures that actions taken by any president remain intact unless formally rescinded through proper legal channels.
