Key Takeaways:

• Trump claims he can void Biden’s executive orders over an autopen signature.
• Legal experts say no president can revoke executive orders from a predecessor.
• Pardons become final once granted and cannot be undone.
• To rescind an order, a president must issue a new written order and follow formal rules.

Donald Trump insists that any document Joe Biden signed with an “unauthorized autopen” is null and void. He posted on Truth Social that all orders, memorandums, and contracts signed by the autopen carry no force. Yet a law expert says Trump cannot revoke executive orders issued by Biden. In fact, a sitting president cannot simply cancel a predecessor’s actions once they take effect. Moreover, pardons are constitutionally final. Thus Trump’s plan faces a solid legal barrier.

Why Trump Can’t Revoke Executive Orders

A postdoctoral fellow at Stanford Law School explains that no law lets a new president revoke executive orders from the last president. Eric A. Baldwin told The Mirror US that invalidating past orders lacks any legal basis. In particular, he said, “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.” Therefore, Trump cannot revoke executive orders just by declaring them void.

In addition, pardons have extra protection. The Constitution gives the president broad power to grant pardons. Once granted, a pardon’s legal effect is final. As Baldwin notes, “Pardons are constitutionally final once granted.” Thus Trump cannot retroactively cancel any pardon Biden issued. In fact, the Supreme Court has made clear that valid pardons cannot be undone by Congress or the executive branch.

The Autopen and Past Presidents

The autopen is a mechanical device that replicates a president’s signature. Although Trump paints it as unauthorized, every modern president has used it. For example, George W. Bush, Barack Obama, and Joe Biden have all used the device. More importantly, a 2005 Justice Department memo affirmed that an autopen signature carries full legal effect. Since no court has rejected that memo’s view, the device stands on firm legal ground.

Furthermore, United States v. Klein provides an example of why presidents cannot tamper with past laws. That case prevents Congress or the executive from altering valid presidential pardons. In fact, it bars any branch from using legislation to overturn a pardon after the fact. Consequently, Trump’s claim to revoke executive orders on autopen grounds lacks judicial support.

How a President Actually Rescinds Orders

Presidents cannot revoke executive orders by decree alone. To rescind an executive order, the new president must issue a fresh, written order. Then the text replaces or nullifies the prior order. For example, President Biden issued new orders to update or reverse some Trump-era rules.

Moreover, when changing regulations, the administration must comply with the Administrative Procedure Act. That law demands notice, public comment, and a reasoned explanation for any change. Thus, unraveling rules involves a multi-step process. Consequently, Trump could not simply revoke executive orders with a single statement.

What This Means for Trump’s Plans

Trump’s social media pronouncement carries symbolic weight but little legal force. He remains adamant about voiding “all Documents, Proclamations, Executive Orders … signed by Order of the now infamous and unauthorized ‘AUTOPEN.’” Yet experts say those words alone cannot undo existing actions. Instead, Trump would need to draft new orders and follow the formal rule-making process.

In practice, a future Trump administration could replace Biden orders by issuing fresh directives. It could also propose new regulations in place of existing ones. However, the process would take time. Agencies must explain why the changes serve the public interest. In addition, the courts might review any rushed or unclear rule changes. Therefore, Trump cannot instantly revoke executive orders by fiat.

Conclusion

In short, a president lacks the power to revoke executive orders from a predecessor simply by declaring them void. The autopen debate does not alter that fact. Constitutional law and Supreme Court precedent protect valid pardons and orders. To change or rescind any order, the president must issue new written documents and follow legal procedures. Accordingly, Donald Trump’s plan to void Biden’s autopen-signed orders has no legal basis.

Frequently Asked Questions

Does an autopen signature invalidate executive orders?

No. The Justice Department and courts accept autopen signatures as fully legal. Every modern president has used it without challenge.

Can a president cancel a predecessor’s pardon?

No. Once a pardon is granted, its effects are final. Constitutional law and Supreme Court decisions bar any retroactive voiding.

What steps are needed to rescind an executive order?

A president must issue a new written order. Agencies also follow the Administrative Procedure Act’s notice and comment rules.

Could Congress help void those executive orders?

No. Congress cannot retroactively void valid pardons or orders. Only a new president issuing fresh directives can change them.