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politics15h ago
Trump cannot revoke Biden executive orders as 'legal consequences are final': expert
- A legal expert says Trump cannot retroactively revoke Biden's executive orders or pardons simply because they were autopen-signed.
- Constitutional law does not give a new president the power to retroactively void pardons or orders once granted.
- To unwind regulations, a president must follow the Administrative Procedure Act with notice and comment.
- The expert notes autopen signatures have been used by several presidents and carry full legal effect.
- Baldwin said a new written order is required to replace or rescind an executive order.
- Pardons are constitutionally final once granted, limiting post hoc changes.
- The piece cites United States v. Klein as an example of limits on overturning past acts.
- Biden’s autopen usage has precedent among former presidents, including Bush and Obama.
- Trump has claimed that documents signed with an unauthorized autopen are null and void.
- The article notes Trump’s insistence that Biden’s autopen orders be rescinded if signed improperly.
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