Republicans have accused former President Joe Biden of using an autopen to sign some documents, a practice used by past administrations. They say they believe that the use of the autopen means he wasn’t fully in control or aware of his administration’s actions.
However, Rep. James Comer, the Republican leading the investigation into Biden’s alleged cognitive decline, has himself used a digital signature, according to a report by NBC News. The report alleges he used his digital signature in letters and subpoena notices related to the probe.
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Republican critiques of autopen
President Donald Trump and other prominent Republicans have repeatedly used the autopen accusations in an attempt to chip away at Biden’s policies. In June, Trump ordered an investigation regarding Biden’s use of an autopen. The president claimed it was “one of the most dangerous and concerning scandals in American history.”
Biden has dismissed the allegations as “ridiculous and false.”
Comer’s committee in the House of Representatives has followed Trump’s lead. Comer has sent 16 letters to former Biden officials requesting transcribed interviews. Metadata reviewed by NBC News showed that Comer’s signature was a digital picture inserted into the documents.
In addition to the 16 interview requests, Comer sent letters to former White House physician Dr. Kevin O’Connor and Anthony Bernal, who was a senior aide to former First Lady Jill Biden, calling on them to appear before Congress under subpoena. NBC News’ analysis, however, found that both cover letters for the subpoenas were digital images of Comer’s signatures, not a physical “wet signature.”
Analysis findings
While Comer’s committee released the letters publicly, it only released a photo of the actual subpoena, which reportedly did bear Comer’s wet signature.
According to NBC News, metadata revealed that the subpoena cover letters were created by someone other than Comer. Additionally, placing a computer mouse pointer over the signature in Adobe Acrobat confirmed it was a digital image.
House Oversight Committee defends Comer
The House Oversight Committee, which Comer chairs, responded to the report.
“Using digital signatures for official correspondence is a common practice for both Republicans and Democrats in the House of Representatives. Chairman Comer has never hidden the fact that he uses a digital signature when appropriate, and he approves all official correspondence that is signed digitally,” a spokesperson for the committee said in a statement to NBC News. “Legally binding subpoenas issued by Chairman Comer always bear a wet signature and are never signed using an autopen or digital signature. Comparing Chairman Comer’s use of digital signatures for letters to the unauthorized use of an autopen in the Biden White House for legally binding executive actions is absurd and misleading. The two are not even remotely comparable.”
Digital signatures have long been used in both the White House and Congress for decades. Lawmakers and staff often use scanned or printed signatures to respond to the large volumes of constituent correspondence. Some even designate staffers to sign on their behalf to increase efficiency.
Comer’s reasoning
Comer has acknowledged that using an autopen is acceptable in some cases but insists it should never be used for “legal documents.”
“Presidents use the autopen, just like I use the autopen, or (Rep.) Jim Jordan or anyone else in Congress to sign correspondence to the massive amounts of messages that you get,” Comer told Newsmax in June.
“But no one uses an autopen for legal documents. I can’t use an autopen to sign subpoenas. That’s my legal document. Subpoenas. I have to fly back to Washington, D.C., just to sign one piece of paper.”
Democrats argue Comer’s move is hypocritical
Democrats also use digital signatures, including in the Jan. 6 Select Committee’s investigations, where most correspondence was signed digitally. Staffers said the practice is a long-established norm.
Still, Democrats argue Republicans are being selective in when and how that standard applies, accusing Comer of hypocrisy.
“Comer using an autopen to investigate an autopen is just so James. That’s what we love about him, his attention to detail,” Rep. Jared Moskowitz, D-Fla., told NBC News.
Biden’s recent interview
Biden has pushed back on allegations that he wasn’t in control of decisions made by his White House, even the orders signed off on with an autopen signature. In a recent interview with The New York Times, Biden contended the reason he employed an autopen was because of the massive volume of clemency requests his administration had to handle.
“I made every decision,” Biden said to The Times. “We’re talking about a whole lot of people.”
Comer’s investigation is partly focused on whether Biden’s use of an autopen suggests he was unaware of policies he approved. However, the Department of Justice’s Office of Legal Counsel released a memo on the use of an autopen back in 2005 and found that the practice is legal. In 2024, a federal court ruled that “the absence of a writing does not equate to proof that a commutation did not occur.”
