Fact-check analysisVerified as of August 22, 2025Curated by FactVerify
False

Comer on Biden: "President Trump can declare those pardons and executive orders null and void and I think that would stand up in a court of law.

Legal experts and multiple credible sources confirm that a former president cannot unilaterally declare another president's pardons null and void, and there is no constitutional or legal basis for President Trump to invalidate President Biden's pardons.

Can Donald Trump Legally Void Joe Biden's Pardons? What To Know - Newsweek

Can Donald Trump Legally Void Joe Biden's Pardons? What To Know - Newsweek

Source: newsweek.com

At a glance

Key Evidence

Verified August 22, 2025
The reporting

What the Evidence Shows

The claim attributed to Comer that President Trump can declare Biden's pardons and executive orders null and void and that such a declaration would stand up in court is contradicted by established constitutional law and expert legal analysis.

Multiple sources, including The New York Times, Politifact, PBS NewsHour, and MSNBC, explain that presidential pardons are constitutionally protected acts that cannot be undone or invalidated by a subsequent president. The Constitution grants the pardon power exclusively to the sitting president, with no provision for reversal by successors.nytimes.comnytimes.comTrump Says Biden’s Pardons are ‘Void’ and ‘Vacant’ Because of Autopenpolitifact.compolitifact.comPresident Donald Trump claimed that former President Joe Biden’s pardons are...+2 more

The controversy over Biden's use of an autopen to sign pardons was cited by Trump as a reason to declare them void; however, legal experts and official memoranda confirm that the use of an autopen is valid and customary in government practice, with no legal precedent invalidating such pardons.pbs.orgpbs.orgFact-checking Trump's claim that Biden pardons are 'void' because he used an...+2 more

Newsweek and TIME report that while Trump publicly claimed the pardons were "null and void," these claims lack legal standing. MSNBC further clarifies that although a former president cannot void pardons, political or retaliatory actions outside the law may be attempted but would likely be blocked in court.msnbc.commsnbc.comTrump can’t ‘VOID’ Biden’s pardons. But he can send a chilling messagenewsweek.comnewsweek.comCan Donald Trump Legally Void Joe Biden's Pardons? What To Know+1 more

Therefore, the assertion that Trump's declaration would hold up in a court of law is unsupported by constitutional law, judicial precedent, or expert opinion. The claim is legally baseless and misleading.

In summary, the evidence strongly indicates that presidential pardons issued by Joe Biden remain valid and cannot be nullified by Donald Trump or any other former president.

Primary trail

Verified Sources7

Trump says Biden’s pardons are now ‘void and vacant’ after autopen controversy

yahoo.com
Open source

Trump Says Biden’s Pardons are ‘Void’ and ‘Vacant’ Because of Autopen

nytimes.com
Open source

President Donald Trump claimed that former President Joe Biden’s pardons are...

politifact.com
Open source
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