Biden autopen use makes orders, pardons ‘illegitimate,’ House GOP report says


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Summary

Call to action

A new report from House Republicans on former President Joe Biden’s use of the autopen calls for an investigation by the Department of Justice.

Review of Biden's actions

The House Oversight Committee released findings that they say may warrant a review of all Biden executive actions via autopen and raise questions about their legitimacy.

Accusations

The committee alleges Biden aides did not follow the proper process for using the autopen, but the former president has repeatedly stated he was aware of the autopen’s use and made every decision related to the actions.


Full story

The House Oversight Committee published a report on Tuesday that requests the Department of Justice (DOJ) investigate former President Joe Biden’s use of the autopen for executive actions, and accuses his aides of covering up the former president’s cognitive decline. The report is a culmination of a five-month probe into allegations from President Donald Trump and other Republicans that Biden’s aides attempted to hide the former president’s cognitive health and improperly used the autopen to issue executive orders without his direct consent.

The report comes as Trump and his allies have questioned the legality of preemptive pardons Biden gave to Liz Cheney, a frequent critic of Trump, and Dr. Anthony Fauci, among others. The president has threatened to overturn the pardons, but legal experts have said that Trump does not have the authority to void them.

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Report orders review of all autopen executive actions

The GOP-led committee wrote in the 93-page report that there is no evidence that Biden consented to executive actions in several cases, including ones involving presidential pardons. The committee also alleged that Biden’s autopen, a device that replicates signatures and is often used by presidents to sign documents, may have been employed to approve executive orders without his knowledge.

The committee argues that, unless the Biden administration can present evidence that the president signed off on a given action, it should be considered “void,” and that “numerous executive actions — particularly clemency actions taken during the Biden administration — were illegitimate.”

Alongside the report, the committee sent a letter to Attorney General Pam Bondi, asking the DOJ to investigate every executive action taken during the Biden presidency to make sure the former president personally approved them and to determine whether legal action should be taken.

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The first known use of a robotic autopen in the White House was by President Harry Truman, in the 1950s.

“The committee requests that you investigate all executive actions during the Biden administration to ascertain whether they are duly authorized by the President of the United States,” Chairman James Comer, R-Ky., wrote to Bondi on Tuesday.

Investigation takes aim at Biden’s doctor

The report also targets Biden’s doctor, Kevin O’Connor, accusing him of helping to cover up the president’s cognitive decline. The committee takes issue with O’Connor’s statement in February 2024 that Biden was “a healthy, active, robust 81-year-old male, who remains fit to successfully execute the duties of the presidency.”

“… the Committee requests that you investigate the actions of several key individuals from whom the Committee sought testimony,” the letter to Bondi reads. “Specifically, during the Committee’s investigation, two of President Biden’s most senior advisors, Anthony Bernal and Annie Tomasini, as well as White House Physician Dr. Kevin O’Connor…”

The letter goes on to accuse Bernal, Tomasini and O’Connor of being “deeply involved in the cover-up” of Biden’s mental decline, and asks the DOJ to determine whether their alleged actions “constitute criminal activity.”

O’Connor refused to answer questions from the committee in July, citing the physician-patient privilege and invoking his 5th Amendment rights.

The committee’s probe focuses on testimony from more than a dozen former Biden administration officials. However, there are no public assessments indicating that Biden was mentally incapable of decision-making or of the duties required of the president.

Biden defends autopen use

Biden has repeatedly pushed back against claims that his aides used the autopen for executive actions without his consent during his time in office. He said in an interview with The New York Times that he was aware of the autopen’s use for clemency grants and that he personally made decisions before staff used the autopen.

“The autopen is, you know, is legal. As you know, other presidents used it, including Trump,” Biden told the Times.

“They’re liars. They know it,” he said of Republicans making the claims.

Trump has repeatedly criticized Biden’s use of the autopen, despite doing so himself at times, even going so far as to hang up a picture of an autopen in place of Biden’s portrait in a new exhibition at the White House.

The report states that, in several instances, it was unclear whether documents signed via autopen went through the proper channels, raising concerns about the legitimacy of these actions.

Mathew Grisham (Digital Producer) contributed to this report.
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Why this story matters

The House Oversight Committee’s report requesting a Department of Justice investigation into President Joe Biden’s use of the autopen for executive actions and allegations of concealment of health issues raises questions about executive authority, legal processes, and the transparency of the presidency.

Executive authority and process

The story highlights debates over the legitimacy and authorization of presidential executive actions, particularly the use of the autopen and the requirement for direct presidential consent in official decisions.

Transparency and health in leadership

Allegations regarding the hiding of President Biden’s cognitive health underscore ongoing concerns and partisan disputes over presidential fitness and the public’s right to information about a leader’s well-being.

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Behind the numbers

House Republicans investigated more than a dozen former Biden aides about his use of the autopen. According to Pew Research, 96% of Biden’s acts of clemency were carried out in the last three months and 20 days of his presidency.

Debunking

There is no concrete evidence offered in the report that aides implemented policies without Biden’s knowledge. Multiple Democratic committee members and Biden aides testified that he directly authorized executive actions, contrary to accusations in the report.

Diverging views

Articles in the left category emphasize the lack of concrete evidence and characterize the Republican-led investigation as politically motivated, while right-leaning articles present the findings as a major scandal and frame the lack of precise documentation as confirmation of wrongdoing.

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Unbiased. Straight Facts.

Don’t just take our word for it.


Certified balanced reporting

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Awarded a perfect reliability rating from NewsGuard

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Bias comparison

  • Media outlets on the left frame the "GOP-led" committee's report as "sweeping accusations" that "rehashes public information," portraying the call for investigation as persistent political "urging."
  • Media outlets in the center neutrally state the "House GOP asks DOJ to probe" and critically note "no concrete evidence" for conspiracy, a point de-emphasized by other perspectives.
  • Media outlets on the right employ highly charged language, asserting the report "unleashes on Biden" as a "scathing" "bombshell" that "deems Biden’s pardons void" due to a "health cover-up" and actions "not all his own," implying a "cognitively deteriorating" president.

Media landscape

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Key points from the Left

  • Republicans are asking the DOJ to investigate former President Biden's use of an autopen for executive actions, claiming that the actions should have been invalid without his direct approval.
  • The report suggests that Biden's mental state declined, allowing aides to act without his knowledge.
  • No concrete evidence is provided to support claims that aides conspired against Biden or that he was unaware of actions signed in his name.
  • The committee states that executive actions signed using the autopen are deemed void unless evidence shows Biden approved them, raising questions about the legitimacy of those actions.

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Key points from the Center

  • House Republicans delivered a report criticizing former President Biden's use of the autopen and alleging his aides enacted policies without his knowledge due to cognitive decline.
  • The report does not provide concrete evidence of wrongdoing, instead drawing broad conclusions from unanswered questions and publicly known information.
  • Republicans argue Biden's autopen use should be considered invalid unless there is documented proof of his approval, posing potential legal issues.

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Key points from the Right

  • The GOP-led Oversight and Government Reform Committee concluded that former President Biden was not personally involved in many pardons, as highlighted in their 91-page report.
  • Chairman James Comer stated that executive actions signed by autopen during Biden's presidency may be considered void without proof of his consent.
  • Federal investigators found no clear documentation indicating Biden's participation in autopen sign-offs, raising questions about his cognitive decline.

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