May 25, 2025, 09:00 AM PST
(PenniesToSave.com) – In the final months of former President Joe Biden’s administration, a peculiar controversy emerged that has continued into President Donald Trump’s second term: the use of an autopen to authorize critical executive actions, including presidential pardons. The debate is not just about a mechanical pen, but what its use reveals about leadership, legality, and who truly holds power in Washington. While the autopen has been used before by both Republican and Democratic presidents, Biden’s reliance on the device during a politically sensitive period has drawn intense scrutiny from conservatives. Critics question whether Biden was mentally and physically fit to carry out the duties of his office during that time. Now, investigations are underway and legal scholars are weighing in on what may be one of the most unusual constitutional questions in recent memory.
Quick Links
- What is the autopen and how is it used?
- Why are Republicans calling it a scandal?
- Is Biden personally involved or just out of the loop?
- Can the use of an autopen void presidential pardons?
- How does this tie into the bigger question of Biden’s health?
- Was there a last-minute flurry of spending?
- Has the autopen been used by presidents in the past?
- Is this a distraction or a real legal concern?
- Could this lead to formal investigations or legal challenges?
- What are the broader implications for electronic signatures?
- Why should the average American care about this controversy?
What is the autopen and how is it used?
The autopen is a mechanical device that replicates a person’s signature, allowing high-ranking officials like the president to authorize documents without being physically present. It is often used for routine or ceremonial functions, such as signing congratulatory letters or minor bills when the president is traveling. The Department of Justice in 2005 concluded that the use of an autopen was legally acceptable for signing legislation, provided the president had authorized it.
However, its use to sign weighty executive actions such as pardons or regulatory changes is rare. During Biden’s final weeks in office, the autopen was reportedly used to sign off on several actions, including clemency grants. This has prompted alarm from critics who argue such use crosses a line between administrative convenience and constitutional overreach.
Why are Republicans calling it a scandal?
Republican lawmakers and commentators have called the situation a breach of executive responsibility. Florida Representative Byron Donalds likened it to a scandal worse than Watergate, arguing that Americans expect their elected leader, not a staff member operating a machine, to make critical decisions like issuing pardons.
President Trump, now back in office, has taken aim at Biden’s actions, calling them “void” and promising to investigate. Republicans suggest the autopen was not just a tool of convenience, but a way to bypass Biden’s direct involvement, possibly due to health or political concerns. This has led to widespread calls for transparency regarding who was truly making decisions at the end of Biden’s presidency.
Is Biden personally involved or just out of the loop?
A central concern raised by critics is whether Biden was even aware of what he was signing via autopen. Some reports allege that high-level aides may have authorized the use of the device without the former president’s full input. This theory is reinforced by suspicions regarding Biden’s declining health in 2024, which led to reduced public appearances and scripted press interactions.
If these allegations hold merit, it raises troubling questions about executive oversight. Critics argue that the presidency cannot be delegated to staffers behind closed doors. The use of the autopen may be emblematic of a broader issue: a presidency that was functionally controlled by unelected officials during its final months.
Can the use of an autopen void presidential pardons?
Legal scholars are divided on whether the use of the autopen can invalidate a presidential pardon. The Constitution grants the president broad clemency powers but does not specify how pardons must be signed. Trump’s legal team has argued that without a manual signature, the intent of the president cannot be clearly established, especially if his mental capacity was in question.
On the other hand, precedent shows that courts have generally upheld the validity of autopen signatures when there is clear authorization. Unless it can be proven that Biden neither knew of nor approved the pardons, it is unlikely the courts would reverse them. Still, the issue has sparked renewed interest in codifying the limits of executive automation.
How does this tie into the bigger question of Biden’s health?
Throughout 2024, rumors swirled about President Biden’s mental fitness. His public schedule was limited, and several appearances raised questions about cognitive sharpness. Now that his aides are under scrutiny for allegedly making high-level decisions, House Republicans are revisiting those concerns.
House Oversight Chairman James Comer has requested testimony from Biden’s former medical staff, seeking to determine whether the president was mentally capable during his final year. If it turns out the autopen was used due to cognitive decline, critics argue that the American people were misled about who was leading the nation.
Was there a last-minute flurry of spending?
In addition to the autopen controversy, the closing months of Biden’s presidency saw a sudden surge in federal spending authorizations and grant allocations. Reports show that numerous multi-million-dollar projects were approved in the final weeks, including foreign aid packages, domestic infrastructure contracts, and agency funding boosts.
Critics claim this last-minute activity could have been an attempt to cement policy priorities before the incoming Trump administration reversed course. Some are now questioning whether the autopen was used to fast-track approvals without proper executive oversight. While such spending is not illegal on its face, it raises concern over whether it was strategically timed to avoid scrutiny or deliberately rushed through under a veil of diminished presidential involvement.
Has the autopen been used by presidents in the past?
Yes, but under different circumstances. Presidents George W. Bush and Barack Obama used the autopen, but sparingly and with full transparency. Obama once used it to sign a short-term extension of the Patriot Act while he was overseas, drawing minor criticism but no legal action.
What makes the Biden situation different is both the scale and secrecy. Critics allege the former president used the device to execute serious actions without public acknowledgment or legal clarity. While the autopen is not new, its application during Biden’s final months appears to stretch its intended use and historical precedent.
Is this a distraction or a real legal concern?
Some media outlets have downplayed the controversy, labeling it a partisan distraction. But Republicans argue this is not just a political ploy, it’s about the integrity of presidential authority. If major decisions were carried out without Biden’s full awareness or involvement, it represents a breakdown in the constitutional chain of command.
Legal experts note that while the autopen issue may not result in overturned pardons, it raises valid questions about executive processes. For Americans, the concern is not about the machine itself, but about how much power unelected aides may wield in the shadows.
Could this lead to formal investigations or legal challenges?
Yes. The House Oversight Committee is already conducting inquiries into the use of the autopen and Biden’s capacity to govern in 2024. Chairman Comer has signaled that subpoenas and testimonies from Biden’s former aides and doctors are likely.
Additionally, some Republican legal strategists are exploring ways to challenge the legitimacy of the pardons in court, although success is uncertain. Even if courts uphold the actions, the investigations could lead to legislative efforts to restrict or better regulate executive use of signing technology.
What are the broader implications for electronic signatures?
This controversy could influence how the public and institutions view digital and mechanical signatures. In an era where electronic contracts and approvals are common, questions about intent and authenticity are becoming more pressing.
Some lawmakers are calling for reforms to clearly delineate when and how electronic or mechanical signatures can be used by public officials. If trust is undermined in the highest office, it may ripple into sectors like finance, law, and healthcare, where signature authentication is essential.
Why should the average American care about this controversy?
To many Americans, this might seem like a niche legal debate, but it goes to the heart of government accountability. If a president can outsource executive power to a machine, or worse, to unelected staff, then voters are no longer in control of the direction of their country.
This controversy is about more than paperwork. It is about trust, leadership, and the integrity of the presidency. Whether you support Trump, supported Biden, or are somewhere in between, the basic expectation is that elected officials, not machines or shadow advisors, make the decisions that shape the nation.
Final Thoughts
The debate over the autopen is not just about a device, but about a presidency that ended with more questions than answers. As President Trump reasserts his authority in Washington, his administration is pressing for answers and accountability. For the average American, this isn’t just political noise, it’s a glimpse into how the most powerful office in the world operates when the cameras are off.
Works Cited
“Autopen.” Wikipedia, Wikimedia Foundation, https://en.wikipedia.org/wiki/Autopen.
Caldwell, Leigh Ann. “Trump Claims Biden Pardons Are Void, Alleging They Were Signed via Autopen.” PBS NewsHour, 20 May 2025, https://www.pbs.org/newshour/politics/fact-checking-trumps-claim-that-biden-pardons-are-void-because-he-used-an-autopen.
Comer, James. “Chairman Comer Demands Testimony from Biden’s Doctor, Former White House Aides on Cover-Up of Mental Decline.” House Committee on Oversight and Accountability, 15 May 2025, https://oversight.house.gov/release/chairman-comer-demands-testimony-from-bidens-doctor-former-white-house-aides-on-cover-up-of-mental-decline.
Fineout, Gary. “Donalds: Biden Autopen Use Worse Than Watergate.” Florida Politics, 18 May 2025, https://floridapolitics.com/archives/739436-donalds-biden-autopen-watergate.
Reston, Maeve. “Trump Vows to Investigate Biden’s Final Pardons.” Axios, 21 May 2025, https://www.axios.com/2025/05/20/trump-biden-autopen.