Investigation into Biden's Autopen Use Raises Political and Legal Questions
The White House is reportedly investigating the use of the autopen by former President Joe Biden, sparking controversy and drawing criticism from various quarters. The investigation, led by the White House Counsel’s Office in conjunction with the Justice Department, is currently examining tens of thousands of documents handed over by the National Archives and Records Administration (NARA).
Background
Biden's use of the autopen, a device that automates the signing process, has been a contentious topic for months. Critics, including President Donald Trump, argue that many of Biden's pardons are void as they were signed through this automated device, suggesting the former president did not know what documents he was signing.
In the final days of his term, Biden issued a series of preemptive pardons to officials including former Chief Medical Advisor Anthony Fauci and former chairman of the Joint Chiefs of Staff Gen. Mark Milley, in an attempt to protect them from potential retribution from Trump. It was reportedly Biden's Chief of Staff Jeff Zients who gave the final approval for the use of the autopen.
Biden's Defense and Dissenting Voices
Nevertheless, Biden has defended his use of the autopen. In a recent interview with the New York Times, the former president asserted that he made every decision
on his own, despite not individually approving each name for the categorical pardons.
Constitutional legal scholar Randy Barnett has criticized this practice as a constitutional scandal,
questioning the legality of official acts done in his name but without proper authority.
Political Ramifications
Meanwhile, Republican Rep. Addison McDowell has introduced a bill aiming to ban the use of the autopen for signing engrossed bills, executive orders, pardons, and commutations. The bill, named the Ban on Inkless Directives and Executive Notarizations Act of 2025,
or the BIDEN Act, suggests significant opposition to the use of the autopen in the political sphere.
On the other hand, Sen. Rand Paul has announced plans to revive his criminal referral against Dr. Anthony Fauci, adding another layer of complexity to the controversy.
Implications and Ongoing Investigations
The current administration continues to scrutinize Biden's actions during his term. Sen. Ron Johnson is demanding the National Archives turn over all records related to Biden’s mental and physical health and cognitive decline.
Simultaneously, Ashley Williams, a longtime ally of Biden, was interviewed by House investigators for nearly six hours as part of the ongoing probe into allegations of the former president's mental decline.
As the investigation into Biden’s use of the autopen continues, the controversy has wider implications for the political landscape and the legality of the former president's actions. However, no official findings or conclusions have been announced to date.