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Comer Calls for Biden’s Last-Day Pardons to Be Declared Null and Void

Legal scholars say the Constitution gives the president sole clemency power and leaves no clear way for Congress or another president to undo completed pardons.

Overview

  • Comer made the demand during a Fox Business interview on Monday, saying depositions from Oversight and other committees show no evidence President Biden took part in last-day pardon decisions.
  • Comer singled out the pardon for Dr. Anthony Fauci and said his panels have sent criminal referrals to the Department of Justice that they believe warrant further action.
  • Legal analysts and multiple news reports counter that a completed presidential pardon is effectively final under Article II, Section 2 of the Constitution and cannot be revoked by Congress or a later president.
  • Reporting noted there is no public evidence that an autopen was used for these specific pardons and that U.S. law does not require a hand-signed signature to make a pardon valid.
  • Commentators warned that attempts to nullify pardons would create political and legal fallout, and coverage split along partisan lines with some outlets focusing on new COVID-era disclosures by Tulsi Gabbard and others emphasizing constitutional limits.