Campaign Without Evidence Against Autopen: Can Trump Nullify Biden's Executive Orders?

What began as a series of unfounded accusations and continued as a Thanksgiving joke has ended in a decisive action: approximately 92% of Joe Biden's official acts will be rendered void after his successor Donald Trump decided to nullify all executive orders signed with an electronic signature or 'autopen'. Joe Biden's portrait had already been replaced by an enlarged image of his autopen signature in the so-called "presidential walk of fame," as a reference from Trump to his predecessor's use of the 'autopen' and a way to ridicule him in front of every visitor to the Oval Office, who must pass through that hallway. But now Trump has gone much further in his steps to subject 'Sleepy' Joe Biden, as he often refers to him, to ridicule and discredit, launching on Truth Social a version claiming that "radical left lunatics" "stole the presidency" from him and signed orders without his knowledge. And if Biden were to say that he was aware of those decisions or made them himself, the Republican magnate has added a new threat: "He will be charged with perjury." According to Trump's version, Biden would have resorted to automated signing to validate "approximately 92%" of the documents issued during his presidency, a percentage that "no longer has force and effect" from now on. From pardons for turkeys to questionable government acts When he pardoned the turkeys Gobble and Waddle two days before Thanksgiving, following a long and picturesque tradition of U.S. presidents, Trump joked that Peach and Blossom, the last turkeys pardoned by Biden, should be devoured, as the act was invalid because it was signed with 'autopen'. Three days later, the reference turned out not to be a joke, but a decision made based on a report that provided not a single piece of evidence for its main argument: the alleged cognitive decline of Biden, which would have led people around him to make decisions for him and use the automated signature to execute presidential actions. This version has been advanced by the Oversight Project, an initiative created by the conservative research institute Heritage Foundation to review acts of the Biden administration, which has been promoting the narrative regarding suspicions of irregular use of the 'autopen'. The alleged cognitive decline of Biden has also not been proven, despite Trump ordering the Department of Justice to investigate to substantiate that file, based on the claim that "there are serious doubts about the decision-making process and even about Biden's awareness that these actions were being taken in his name." The conservative magnate warned at that time that the legality of many of Biden's decisions would be in question if it were proven that his advisors "secretly used the mechanical signature pen." This version was also echoed by the House of Representatives oversight committee, which published a report in October without evidence, claiming that Biden's advisors conspired to enact policies without his knowledge. What is the validity of an electronic signature? Trump has not needed scientific, legal, or any other type of endorsements to undo Biden's acts. Since returning to the Oval Office, he has nullified more than half of the executive orders signed by his predecessor, always based on unproven accusations regarding the 'autopen'. Of the 162 such provisions validated by Biden, Trump revoked 70 shortly after his swearing-in and another 19 on March 14, according to official reports from the White House. It is precisely his actions that could be at odds with the norm, as legal experts have questioned the precedent set by the practice of nullifying decisions of past governments, since Biden is not the only former president who has resorted to the 'autopen'. In 2005, George W. Bush requested a review from the Office of Legal Counsel of the Department of Justice to determine the validity of a ruler's use of the 'autopen'. That office determined that "the president does not need to personally perform the physical act of putting his signature on a bill that he approves and decides to sign for it to become law." The decision was based on Article I, Section 7 of the Constitution, which empowers presidents to delegate the use of the automated signature to a subordinate. Just like executive orders, pardons have been widely questioned by Trump, who opposes pardons issued by Biden that benefited members of the committee that investigated the Capitol takeover on January 6, 2021, and among others, Dr. Anthony Fauci, Biden's former medical advisor during the Covid-19 pandemic. However, a memorandum from the Attorney General determined in 1929 that the Constitution did not specify in any of its articles what the legal form of granting a pardon is. And Trump himself seems to have resorted to the use of the 'autopen' to issue amnesties during this second term. A series of pardons published online by the Department of Justice, including that of baseball player Darryl Strawberry, appeared with identical signatures, raising suspicions about the use of an automatic pen. After criticism regarding this, the documents were discreetly replaced with others bearing handwritten signatures, without adding any explanation. With Reuters, EFE, and local media.