Full Breakdown
Rep. James Comer Calls for Nullification of Biden’s Final-Day Pardons
6/23/2026, 5:07:41 AM
Core Claim and Targeted Pardons
House Oversight Committee chair Rep. James Comer told Fox Business’s “Mornings with Maria” that every pardon issued by President Joe Biden on his last day should be declared “null and void.” Comer said his committee found no record of meetings with Biden and that the pardons were signed with an autopen, noting no evidence of presidential involvement. The list included a pardon for Dr. Anthony Fauci, a pardon for Gen. Mark Milley, pardons for members of the House Jan. 6 committee, and a pardon for Hunter Biden.
Constitutional Authority and Historical Practice
The Constitution gives the president exclusive pardon power (Article II, §2). Presidents have used autopens, and the law does not require a handwritten signature or staff meeting before a pardon is issued. Sources differ on whether the autopen was used for these pardons, noting no evidence confirms its use. Once a pardon is completed and accepted, only the pardonee may refuse it; Congress or a later president cannot revoke it. Revocation before acceptance occurred in 1869 and in 2008 under President George W. Bush.
Official Statements & Responses
President Biden told The New York Times he made every clemency decision himself, saying the autopen does not affect a pardon’s legality. Analysts note the Constitution does not require a face-to-face meeting or handwritten signature for a pardon.
Criticism, Opposition, and Public Reaction
The pardons drew backlash. Social-media commentators warned that voiding Biden’s pardons could set a precedent for overturning former President Donald Trump’s pardons and called for ending the pardon power. Critics questioned Comer’s legal rationale and noted the lack of constitutional basis for nullifying a completed pardon.
Conflicting Reports & Gaps
Sources disagree on whether Biden used the autopen for the specific pardons; no evidence confirms its use. Comer’s claim of no meetings with Biden is not corroborated by records, leaving a factual gap about the decision-making process.
Verbatim Quotes
- “My committee, the Oversight Committee, did an investigation of the pardon that Joe Biden gave — all the pardons — and we concluded Joe Biden wasn’t at the table,” — James Comer, House Oversight Committee Chair
- “The defense is: There were never any scheduled meetings on his calendar… There was not a single person involved in the pardon process, in the decision making on who authorized the auto-pen, that ever met with Joe Biden and discussed the individual pardon. So, there’s no evidence Joe Biden had any decision making in the pardon process. So, I think that alone is more than enough evidence to declare all the pardons issued by Joe Biden in the last day of his presidency null and void.” — James Comer, House Oversight Committee Chair
- “If Biden's pardons can be declared null and void, so can Trump's under the next president, and for the same reasons. Be careful what you wish for,” — Gary Gifford, writer and political commentator
- “I would welcome the death of the pardon power!” — John Castiglione, lawyer and assistant editor of The Steinbeck Review
What’s Next
Comer said criminal referrals on Dr. Fauci’s pardon await DOJ review. Scholars anticipate challenges, but the Constitution offers limited reversal mechanisms. Congressional oversight may probe clemency procedures.
