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On Tuesday, President Donald Trump announced that he was "completely terminating" all actions signed by former President Joe Biden using an autopen device, declaring them null and void. This action fulfills a promise he made last week.
In a post on Truth Social, Trump stated, "All documents, declarations, executive orders, memoranda, or contracts signed under the notorious and unauthorized use of an 'autopen' by the Joseph R. Biden Jr. administration are hereby null and void and shall have no further force or effect."
He added, "Anyone who received a 'pardon,' 'commutation,' or any other legal document signed in this manner should be aware that said document has been completely terminated and has no legal force."
Tuesday's post echoed remarks Trump made last Friday when he wrote, "All documents signed by Sleepy Joe Biden with an autopen, and there were many, are hereby nullified and voided and no longer of any force or effect."
Trump has claimed for months that Biden relied on an autopen for everything from executive orders to extending national emergencies and routine certifications.
He said Biden used it so frequently that "staff were essentially running the government with that machine."
Federal attorney Ronald Chapman II told Newsmax in an interview on Sunday that Trump has the authority to nullify those executive actions if the autopen was used without Biden's approval.
Chapman said, "So if somebody used an autopen without Joe Biden’s explicit permission, meaning he didn’t approve of the pardon, then that signature is invalid, and the force and effect of that signature is meaningless."
Legal experts say that autopen-signed executive orders are still valid as long as the president approves them, regardless of who physically operates the device.
According to a 2005 memo from the Justice Department's Office of Legal Counsel (OLC), a president does not need to sign documents personally. They can direct subordinates or mechanical devices like an autopen to sign on their behalf. As long as the president approves, the method of signing is not important.
However, if the president was unaware of the device's use or did not consent to the signature, some scholars argue that such acts could be challenged.
Biden's staff has acknowledged that he has used an autopen for executive orders, ceremonial declarations, condolences, holiday statements, and extensions of emergencies, especially when traveling or recovering from medical procedures.
A report from the Republican-led House Oversight Committee has questioned the legitimacy of numerous executive actions processed by autopen, arguing that there was sometimes a lack of clear evidence demonstrating President Biden's personal approval. The committee urged the Justice Department to investigate potential abuses of presidential authority.
By US NNP=Hong Seong-gu, Chief Reporter / Special Contribution NNP info@newsandpost.com
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