Donald Trump has questioned the validity of pardons signed by Joe Biden using a fountain pen. The statement has sparked a debate about the appropriateness of using technology to sign important legal documents.
In a post on Truth Social, Trump said the use of a fountain pen casts doubt on the authenticity of pardons signed by Biden. In response, some legal experts have pointed out that the US Constitution grants the president the power to grant pardons, and there is no need for a handwritten signature.
Fountain pens have long been used by US presidents, including Gerald Ford, Bill Clinton and Barack Obama, to sign legislation and letters. Courts have also recognized that the signing procedure itself is not decisive for the validity of the president’s decision, if there is his approval. In 2024, the Fourth Circuit Court of Appeals upheld that a presidential pardon can be valid even in the absence of a written document, as long as there is a clear expression of the president’s will.
The Biden pardons illustrate broader issues surrounding the use of technology in the political process. Despite Trump’s misgivings, the case law shows that a signature made with a fountain pen does not necessarily invalidate a document.
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