Biden’s use of autopen and the legality of his pardons: Bias Breakdown

WELCOME TO BIAS BREAKDOWN.

I’M YOUR HOST KARAH RUCKER.

ANOTHER WEEK –

ANOTHER CONTROVERSY.

IN THE SPOTLIGHT – PRESIDENT TRUMP IS QUESTIONING FORMER PRESIDENT BIDEN’S USE OF WHAT’S CALLED “AN AUTOPEN SIGNATURE.”

A CONSERVATIVE GOVERNMENT WATCHDOG GROUP WAS FIRST TO BRING FORTH ALLEGATIONS OF BIDEN USING AN AUTO-SIGNATURE TO SIGN OFFICIAL DOCUMENTS –

ALLEGING SOMEONE ELSE COULD HAVE BEEN PUTTING THE INK TO PAPER –

AND POSING THE QUESTION – WAS IT BIDEN WHO PARDONED A SLEW OF PEOPLE BEFORE HEADING OUT OF THE WHITE HOUSE – OR – WAS IT SOMEONE ELSE USING BIDEN’S SIGNATURE?

AND IF IT WAS SOMEONE ELSE – ARE THE PARDONS VALID?

THESE QUESTIONS HAVE BEEN ECHOED BY PRESIDENT TRUMP AND CONSERVATIVES.

AND THE ANSWER – WIDELY DIFFERS AMONG NEWS OUTLETS WITH A LEFT AND RIGHT POLITICAL BIAS.

THAT’S THE FOCUS OF TODAY’S BIAS BREAKDOWN.

SINCE THIS STORY REVOLVES AROUND THE TERM “AUTOPEN” –

LET’S QUICKLY DEFINE IT AND THEN GET INTO WHY IT’S MAKING HEADLINES.

AN AUTOPEN IS A MACHINE THAT REPLICATES SIGNATURES USING REAL INK, ALLOWING PUBLIC FIGURES – LIKE PRESIDENTS – TO SIGN DOCUMENTS IN BULK –

OR SIGN PAPERS WITH THEIR EXACT SIGNATURE WITHOUT THEM HAVING TO BE PRESENT.

It’s not a new concept – with reports dating back to the early 1800’s of Thomas Jefferson using a form of “autopen” – a polygraph – to make copies of his signature.

IN 2005, PRESIDENT GEORGE W BUSH’S OFFICE OF LEGAL COUNSEL ISSUED A 29 PAGE OPINION CLARIFYING THAT A PRESIDENT COULD LAWFULLY DIRECT A SUBORDINATE TO APPLY A PRESIDENT’S SIGNATURE USING AN AUTOPEN.

BARACK OBAMA BECAME THE FIRST KNOWN PRESIDENT TO SIGN LEGISLATION WITH AN AUTOPEN IN 2011, WHEN HE APPROVED A PATRIOT ACT EXTENSION WHILE IN FRANCE. 

HERE’S WHAT WE KNOW ABOUT THE RECENT AUTOPEN CLAIMS SURROUNDING BIDEN.

THIS STORY FIRST GAINED TRACTION THROUGH THE CONSERVATIVE WATCHDOG GROUP “THE HERITAGE FOUNDATION,” WHICH WAS A SOURCE OF CONTROVERSY LAST YEAR WITH ITS “PROJECT 2025” PROPOSAL.

AS PART OF AN “OVERSIGHT PROJECT” – THE GROUP POSTED SEVERAL VIDEOS ON X – 

SHOWING BIDEN’S SIGNATURES ON EXECUTIVE ORDERS AND OFFICIAL DOCUMENTS –

ALIGNING PERFECTLY WITH HIS SIGNATURES ON PRESIDENTIAL PRE-EMPTIVE PARDONS – FOR SOME OF HIS FAMILY MEMBERS AND MEMBERS OF THE JANUARY 6TH COMMITTEE –

SUGGESTING BIDEN AND HIS STAFF USED THE AUTOPEN.

IN A POST ON X THE GROUP SAYS – 

“WHOEVER CONTROLLED THE AUTOPEN CONTROLLED THE PRESIDENCY.”

IN A 29 PAGE DOCUMENT DETAILING ITS INVESTIGATION SO FAR –

THE FOUNDATION WROTE 

“We are reviewing additional official documents containing President Biden’s signature. We reviewed Executive Orders and other documents in the Federal Register bearing President Biden’s signature. We found the signatures on those records were identical and appear to be digital signatures of an autopenned signature.”

HERITAGE  SAYS HERE THAT ITS SOURCE FOR AT LEAST SOME DOCUMENTS IS THE FEDERAL REGISTER – WHICH FALLS UNDER THE NATIONAL ARCHIVES.

HOWEVER, THE NATIONAL ARCHIVES TOLD SNOPES THE DIGITAL DATABASE, WHERE THE HERITAGE FOUNDATION PULLED THE IMAGES, USES A **COPY OF THE PRESIDENT’S SIGNATURE THAT “COMES FROM ONE GRAPHIC FILE” FOR ONLINE POSTINGS OF SIGNED DOCUMENTS

HERE’S THEIR STATEMENT –

“At the beginning of each administration, the White House sends a sample of the President’s signature to the Office of the Federal Register, which uses it to create the graphic image for all Presidential Documents published in the Federal Register.” 

IN OTHER INDEPENDENT REVIEWS FROM SEVERAL OUTLETS –

THEY FOUND SIGNED DOCUMENTS FROM OTHER PRESIDENTS – INCLUDING TRUMP – FEATURED IDENTIcAL SIGNATURES ON THE FEDERAL REGISTER’S DATABASE.

ITS STILL UNCLEAR AT THIS TIME HOW OFTEN THE BIDEN ADMINISTRATION USED THE AUTOPEN –

WITH BIDEN OFFICIALS NOT RESPONDING TO MEDIA COMMENT OVER AUTOPEN QUESTIONS AT THE TIME OF THIS RECORDING.

BUT REPORTS OF ITS USAGE IN GENERAL – CAUGHT THE ATTENTION OF TRUMP – WHO HAD THIS TO SAY MONDAY.

“It looked like we had an autopen for a president…we would’ve been better off if we had probably.”

“The whole subject of autopen, did he know what he was doing? Did he authorize it or did somebody maybe a radical left lunatic just sign what that person wants.”

“To sign pardons and the things he signed with an autopen is disgraceful.”  

THE PRESIDENT’S COMMENT CAME AFTER THIS POST FROM TRUMP ON TRUTH SOCIAL SUNDAY –

SAYING BIDEN’S PARDONS ARE “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT BECAUSE OF THE FACT THAT THEY WERE DONE BY AUTOPEN.”

CNN’S KAITLIN COLLINS ASKED WHITE HOUSE PRESS SECRETARY KAROLINE LEAVITT– ABOUT TRUMP’S TRUTH SOCIAL POST – ASKING TO CLARIFY WHETHER TRUMP WAS TRYING TO VOID BIDEN’S PARDONS OVER THE ALLEGED AUTOPEN SIGNATURES. 

LEAVITT RESPONDED SAYING TRUMP WAS ONLY BEGGING THE QUESTION. 

TAKE A LISTEN.

“That would propose perhaps criminal or illegal behavior if staff members were signing the president of the united states autograph without his consent.

Kaitlin: “the president is on the record talking about issuing preemptive pardons to these people.”

“But was he aware of the signature being used on every single pardon? That’s a question you should ask the biden white house.”

“Is there any evidence of that?”

“Youre a reporter, you should find out. Sean?”

LET’S TAKE A LOOK AT SOME OF THE HEADLINES AND FRAMING OF THE STORY – FIRST FROM NEWS OUTLETS WITH A RIGHT POLITICAL BIAS.

THE DAILY WIRE – “Biden Pardons Were Signed With Autopen While He Was On Vacation, Watchdog Finds”

THE NEW YORK POST “Biden used ‘autopen signature’ on many official WH docs, raising concerns over his awareness.”

FOX NEWS – Biden’s ‘autopen signature’ appears on most official docs, raising concerns over who controlled the WH: report.

WHILE NEWS OUTLETS ON THE RIGHT – **EMPHASIZED “CONCERNS” OVER BIDEN’S USE OF THE AUTOPEN –

NEWS OUTLETS ON THE LEFT – DISMISSED ANY LEGALITY ISSUES.

HERE’S HEADLINES FROM NEWS OUTLETS WITH A LEFT POLITICAL BIAS:

NPR –  “Trump tries to void Biden’s pardons, blaming autopen. Many presidents have used it”

AND FROM SNOPES – “Biden may have signed documents with autopen — like many presidents before him.”

THE ASSOCIATED PRESS – “Presidents have used autopens for decades. Now Trump objects to Biden’s use of one”

THERE ARE PATTERNS IN THE WAY THE RIGHT TOLD THE STORY –

AND THE WAY THE LEFT TOLD IT.

RIGHT-LEANING OUTLETS – FOCUSED IN ON BIDEN’S MENTAL ACQUITY AND SUGGESTIONS THAT SOMEONE ELSE COULD HAVE BEEN MAKING PRESIDENTIAL DECISIONS UNDER THE GUISE OF THE AUTOPEN.

LEFT-LEANING OUTLETS – FOCUSED ON THE USE OF AUTOSIGNATURES – AND THE ACT OF PRESIDENTIAL PARDONS – BEING LAWFUL AND NOTHING NEW.

THIS ANGLE WOULD LARGELY DISMISS ANY SUGGESTIONS OF MALFEASANCE OVER BIDEN’S USE OF THE AUTOPEN.

IN FOX NEWS’ WRITE UP –

THE OUTLET HIGHLIGHTED SEVERAL INSTANCES WHEN BIDEN’S MENTAL FITNESS WAS QUESTIONED DURING HIS PRESIDENCY.

FOX WROTE “Biden’s 81 years of age and mental acuity fell under public scrutiny after years of conservatives questioning the commander in chief’s mental fitness.”

“Special counsel Robert Hur” CALLED “biden a sympathetic, well-meaning, elderly man with a poor memory.”

“Biden faced backlash for a handful of gaffes and miscues in the days leading up to his ill-fated debate against Trump.”

“when the big debate day arrived, Biden missed his marks repeatedly.”

FOX NEWS MADE MENTION OF AN EXCHANGE HOUSE SPEAKER MIKE JOHNSON SAYS HE HAD WITH BIDEN THAT CONCERNED HIM –

“Speaker Johnson recounted that Biden didn’t remember signing an order freezing new liquid natural gas exports in 2024.”

“I walked out of that meeting with fear and loathing because I thought, ‘We are in serious trouble – who is running the country?’” Johnson said.”

IN NPR’S WRITE UP  – THE OUTLET HIGHLIGHTED A PRECEDENT OF THE AUTOPEN BEING USED –

AND DISMISSED CONCERNS.

NPR WROTE – “President Trump is claiming without evidence that some of former President Joe Biden’s actions are invalid because he allegedly used a machine to automate signatures on documents, which is a longstanding practice in the White House.”

“Trump’s rhetoric fans the flames of conspiracies about Biden not really being in charge during his presidency. While concerns about Biden’s fitness for office forced him to call off his reelection campaign, the right has taken that to an extreme.”

“claims that autopen signatures could be nullifying are more unusual, especially since multiple presidents have used the devices over the years.”

IN THE FOX NEWS STORY – THERE WAS NO MENTION OF PRIOR PRESIDENTS USING THE AUTOPEN.

IN NPR’S STORY – EXAMPLES OF BIDEN’S MENTAL FITNESS BEING QUESTIONED WERE OMITTED.

IT’S THE SAME STORY – BUT TOLD WITH TWO DIFFERENT NARRATIVES.

WHEN IT COMES TO WHETHER OR NOT BIDEN’S PARDONS CAN BE RESCINDED –

NEWS OUTLETS SPOKE WITH DIFFERENT EXPERTS – WHO HAD DIFFERENT OPINIONS.

THE RIGHT’S SOURCE – SAYING THE PARDONS COULD BE THROWN OUT IN COURT.

THE LEFT’S SOURCE SAYING – THE PARDONS ARE OFFICIAL ACTS – AND LAWFUL.

THE ASSOCIATED PRESS – A LEFT OUTLET – WROTE – On whether pardons must be in writing or by the president’s own hand, the U.S. Court of Appeals for the Fourth Circuit has said the ”plain language of the Constitution imposes no such limitation.” Biden’s statement accompanying those pardons make clear they **were official acts, said Carl Tobias, professor at the University of Richmond law school.

THE NEW YORK POST SPOKE WITH A DOJ OFFICIAL WHO “told The Post that they believed the preemptive pardons by Biden were vulnerable on an entirely different basis because they did not specify what crimes were being pardoned. That ex-official said that courts were likely to uphold the use of the autopen, but could find that the years-long legal reprieves for unspecified past crimes were impermissibly broad.”

THE SAME SENTIMENT PLAYED OUT ON THE NETWORKS.

CNN ON THE LEFT SPEAKING TO A FORMER PROSECUTOR WHO DISMISSED ANY LEGAL PATHWAY.

“Can he do this? Can he say the pardons are void?” “no.”

“We’ve had autopen for decades…there is no such thing as an unpardon power.”

AND FOX NEWS ON THE RIGHT SPEAKING TO AN ATTORNEY WHO SEES A PATH TO UNDO BIDEN’S PARDONS.

“Can these pardons be invalidated…charge some of these folks and have a court weigh in on that.”

IN SUMMARY – A CONSERVATIVE GOVERNMENT WATCHDOG GROUP WAS FIRST TO POSE THE ALLEGATIONS – THAT THE USE OF THE AUTOPEN MAY HAVE BEEN ABUSED BY THE BIDEN ADMINISTRATION.

RIGHT NOW – THE WHITE HOUSE SAYS ITS SOMETHING TO LOOK INTO–

AND PRESIDENT TRUMP SAYS WHETHER BIDEN’S AUTOPEN SIGNATURE ON CERTAIN DOCUMENTS ARE VALID “WOULD BE UP TO A COURT” TO DECIDE — THOUGH HE DID DECLARE SOME PARDONS “VOID” IF THEY WERE SIGNED WITH AN AUTOPEN

WHILE THE GOVERNMENT WATCHDOG SUGGESTED DOZENS OF DOCUMENTS WERE SIGNED BY AUTOPEN –

THE NATIONAL ARCHIVES RELEASED A STATEMENT SAYING ITS STANDARD PRACTICE TO NOT REFLECT ORIGINAL SIGNATURES IN DIGITIZED VERSIONS OF DOCUMENTS.

SO THE ANSWER TO HOW VIGOROUSLY THE AUTOPEN FEATURE WAS USED BY THE BIDEN ADMINISTRATION IS STILL INCONCLUSIVE.

MUCH OF THE NEWS COVERAGE SURROUNDING BIDEN’S USE OF THE AUTOPEN HAS BEEN DRIVEN BY **SPECULATION OVER ITS LEGALITY, WHETHER BIDEN KNEW OF HIS SIGNATURE BEING STAMPED, AND POTENTIAL CONSEQUENCES – SUCH AS THE POTENTIAL OF PARDONS BEING REVOKED.

MEDIA OUTLETS ARE PRESENTING **CASES FOR AND AGAINST.

THESE SPECULATIVE OPINIONS ARE OFTEN OVERSHADOWING THE FACTS OF THE STORY.

AND THAT’S YOUR BIAS BREAKDOWN.