President Donald Trump (R) has said he’ll cancel all of the Executive Orders and anything else that was not directly signed by Crooked Joe Biden that Biden instead signed with an autopen. Potentially, Trump could go farther.
Trump could potentially revoke Biden’s legislation or the dozens of pardons he issued, including to family members. Biden also gave thousands of commutations at the end of his presidency. Still, legal scholars say there is no mechanism to undo clemency after it is granted.
The prior question, regarding clemency, though, is whether it was granted in the first place. That would hinge on, among other things, whether the autopen was used illegally by others—viz., he didn’t authorize its use—to grant those clemencies. That will be hard to prove.
There’s also the question of the legislation signed into law by autopen. Even were it shown that the legislation signed by autopen was illegally signed, canceling that legislation would be a dicey matter legally—the laws have been in effect for some years—and practically: canceling that legislation would reopen, even more explosively than at the time, the arguments and conflicts that accompanied those legislations during their development and passage. Especially since all of the legislation would have to be canceled if one of them is. Trump won’t be able to pick and choose which to cancel.
Back to clemency: Trump would be able, functionally, to pick and choose which clemency act to cancel or to retain; he can simply reissue clemency for specific cases.
He cannot simply reissue specific legislative acts.
Any of that autopen-related withdrawal, though, will come at very considerable political capital expenditure. As a lame duck President, Trump doesn’t have much of that. But with three-plus years left in his term, is this clemency question the place to spend that capital?
Maybe not. Almost certainly not on the matter of legislation.