Donald Trump on Tuesday declared he is terminating all official documents, including presidential pardons, signed by his predecessor Joe Biden using an autopen. The announcement, made on Truth Social, marks an unparalleled attempt to retroactively invalidate the actions of a previous administration, sparking immediate condemnation from legal scholars who view the pretext as flimsy and without legal standing.

This move thrusts a little-known administrative tool into the center of a constitutional firestorm, raising questions for Kenyans and the world about the stability of American democratic norms. At stake is the principle of continuity in governance; if one president can arbitrarily void the certified acts of another, the reliability of international agreements and the very foundation of executive authority could be undermined.

A Tool as Old as the Presidency

The autopen is a device that precisely replicates a person's signature and has been a common feature in the White House for decades, used by presidents from both major parties for high-volume or ceremonial documents. Its use dates back to at least President Harry S. Truman, with some historical accounts tracing a precursor device to Thomas Jefferson. Even Trump himself has acknowledged using an autopen for what he termed "very unimportant papers."

Trump and his supporters have repeatedly made unfounded claims that Biden's use of the device suggests he was not fully aware of the actions being taken in his name. In his social media post, Trump stated, "Anyone receiving ‘Pardons,’ ‘Commutations,’ or any other Legal Document so signed, please be advised that said Document has been fully and completely terminated."

Experts Warn of Legal Chaos

Legal experts were swift to challenge the validity of Trump's declaration, noting that there is no mechanism in federal law for a sitting president to unilaterally overturn a predecessor's pardons. The U.S. Constitution grants presidents sweeping pardon power, and once issued and accepted, a pardon is considered final.

Furthermore, constitutional scholars broadly agree that a president is not required to physically sign documents for them to be legally enforceable. Key points from legal analyses include:

• The Constitution does not specify that a pardon must even be in writing, let alone signed by hand.
• A 2005 opinion from the Department of Justice under President George W. Bush affirmed that using an autopen to sign legislation is legally sound.
• President Barack Obama was the first president to use an autopen to sign legislation into law while overseas, setting a modern precedent.

Before leaving office, Biden issued several pardons, including for family members, and commuted sentences for nonviolent drug offenders. Trump's move will not affect the pardon of Biden's son, Hunter, which was reportedly signed by hand.

Analysts noted that Trump's action is characteristic of his strategy to challenge established legal precedents and force conflicts into the court system. The move creates a new legal limbo for those who received clemency from Biden, potentially re-criminalizing them in an outcome with no precedent in U.S. history. As this legal battle unfolds, it serves as a stark reminder of the fragility of democratic conventions, even in the world's most powerful nations.