On Friday, former President Donald Trump took to social media to declare that he is “cancelling all executive orders, and anything else that was not directly signed” by his predecessor, Joe Biden. This claim has sparked some debate about its legality and implications.
In his post on Truth Social, Trump raises questions about the authority he has to rescind Biden’s actions. He refers to Biden’s frequent use of an autopen, a device used for quickly signing documents, stating that about 92% of Biden’s documents fall into this category. However, Trump doesn’t specify which documents he means.
He insists that, according to him, Biden wasn’t involved in the autopen process, even threatening that if Biden claims otherwise, he could face charges of perjury. Trump’s post suggests that advisors close to Biden are misleading him, asserting, “The Radical Left Lunatics circling Biden around the beautiful Resolute Desk in the Oval Office took the Presidency away from him.”
Biden has countered these claims, rejecting any notion of a “cover-up” and firmly stating that he has made all presidential decisions himself. He has labeled Republicans questioning his authority as “liars.”
Trump’s focus on Biden’s use of the autopen is not new. Earlier this year, he suggested that this practice weakened Biden’s presidency and that any actions taken during that time were “null and void.” Legal scholars, like John Yoo, have pointed out that Trump often seems to be jesting at Biden’s expense.
Historical context can help clarify the ongoing debate. In 2005, under President George W. Bush, the Justice Department confirmed that presidents do not have to physically sign documents to consider them signed legally. This could undercut Trump’s approach, as previous legal opinions support the idea that the autopen is an acceptable method for signing.
Moreover, a 1929 memo from the U.S. solicitor general highlighted that the Constitution does not define a specific method for issuing pardons. This means that Trump’s claims about Biden’s pardons being illegitimate because of using an autopen are not as straightforward as they seem.
Public reaction on social media has been mixed. Supporters of Trump often rally behind these claims, while others express skepticism about his authority to unilaterally cancel actions taken by another president. In today’s political climate, such declarations are likely to be debated vigorously across media platforms.
Overall, while Trump continues to challenge the legitimacy of Biden’s presidency based on technicalities, established legal opinions appear to contradict many of his claims. As the political landscape evolves, these discussions will likely remain at the forefront of public debate.
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