In an interview with The New York Times, former President Joe Biden acknowledged using an autopen to sign documents during the final days of his presidency. While the mechanical signature has raised concerns, Biden insisted he made every decision personally and remained fully in control until the end of his term. Republican lawmakers have scrutinized this period, questioning both the autopen’s use and whether Biden’s age affected his ability to govern.
The autopen, a device that replicates a person’s signature, has long been used by presidents for routine or ceremonial documents. However, its use to approve significant executive actions, like pardons and policy directives, has sparked legal and constitutional debate over Biden’s direct involvement in those decisions.
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Biden admits and defends use of autopen
The NYT released the interview on Sunday, July 13, in which Biden said the autopen was used to sign groups of pardons and clemency grants, noting it was helpful because there were “a whole lot of people.” In the final stretch of his presidency, Biden moved to shorten prison sentences for nearly 4,000 federal inmates. According to the NYT, many of those pardons and clemency orders, including ones involving members of Biden’s own family, were not signed by hand, but with an autopen.
On Oct. 30, 2024, White House Counsel Ed Siskel emailed senior staff with a heads-up: a wave of clemency requests was coming as the administration wrapped up. He laid out a process to manage the pressure and made it clear who would have the final say.
“The president makes the final decision on the final pardon and/or commutation slate,” he wrote.
Investigation into Biden’s mental fitness, autopen use
Over the past several weeks, House Oversight Chairman James Comer’s committee has been interviewing former Biden aides, focusing on the president’s mental fitness and the use of the autopen to carry out official duties.
During the week of July 6, Biden’s personal physician, Dr. Kevin O’Connor, appeared before the committee but declined to answer questions. He invoked the Fifth Amendment and cited physician-patient privilege when asked whether he was ever instructed to misrepresent the president’s health or if Biden was fit to serve.
Questions about Biden’s mental fitness intensified in 2024 after the Department of Justice declined to charge him for mishandling classified documents, citing memory issues and cognitive decline. The report described Biden as a “well-meaning, elderly man with a poor memory,” fueling Republican claims that he was no longer capable of fulfilling the duties of the presidency.
At the same time, Biden’s aides limited his public appearances and interactions with lawmakers, officials and donors.
President Trump’s memorandum
Comer’s investigation came weeks before President Donald Trump signed a presidential memorandum on “who ran the United States while President Biden was in office.”
The memorandum calls for a probe into whether anyone conspired to hide Biden’s mental state from the public and improperly exercised presidential powers. It also looks into the use of an autopen to sign executive orders and other documents, questioning who authorized it and whether those actions were valid.
The memo says concerns about Biden’s cognitive health, combined with the frequent use of the autopen, raise serious questions about the legitimacy of his decisions. According to the Trump administration, during Biden’s presidency, the White House issued over 1,200 presidential documents, appointed 235 federal judges and granted more pardons and commutations than any previous administration.
In the interview, Biden said, “I made every single one of those. I understand why Trump would think that, because obviously, I guess, he doesn’t focus much. Anyway, so — yes, I made every decision.”
Newly archived emails from Biden administration
The use of an autopen may hinge on tens of thousands of White House emails recently turned over by the National Archives. The Times said the emails, flagged with terms like “clemency,” “pardon,” and “commutation,” span from November 2024 to Inauguration Day, Jan. 20, and are now part of a broader investigation by the Trump administration and the Justice Department.
However, the full scope of the emails remains unknown, leaving questions about Biden’s direct involvement unanswered.
Calls to reopen closed investigations
Sen. Rand Paul weighed in on the growing controversy. In a post on X, he cited the Times report that said Dr. Anthony Fauci’s pardon was signed using an autopen at the direction of a staff member. Paul said on July 14 that he will once again pursue his criminal referral of Anthony Fauci to the DOJ.
The pardon came amid political attacks from some critics who accused Fauci of wrongdoing related to his handling of the COVID-19 pandemic. No official investigation or court case has substantiated these claims. However, Fauci himself has stated that he welcomes the pardon to protect himself from potential legal threats.
