Energy Watchdog Calls for Investigation into Biden’s Use of Autopen for Executive Orders
A pro-energy advocacy group, Power the Future, is urging the Justice Department to launch an investigation into the possibility that former President Joe Biden utilized an autopen to sign significant energy-related executive orders during his tenure. The group has raised concerns about the legitimacy and propriety of several major orders, suggesting they might have been executed without the President’s full knowledge or consent.
In a letter addressed to the Attorney General’s office, which was exclusively shared with Fox News Digital, Power the Future expressed its apprehension about executive actions with substantial economic, national, and global security implications seemingly being undertaken in President Biden’s name by unelected officials. The group specifically requested an investigation into whether President Biden authorized the pause on liquefied natural gas (LNG) exports, or if the documentation reflecting the White House’s position was instead prepared and signed by staff.
The call for investigation comes on the heels of former President Donald Trump’s assertion that Biden’s last-minute pardons were "void" due to claims that they were signed by an autopen and that Biden was unaware of them.
Power the Future has identified specific executive orders as points of concern, including Biden’s January 2024 order pausing permits for LNG export facilities and his ban on new drilling on 625 million acres of U.S. coastal and offshore waters. Notably, Trump promptly moved to overturn these orders upon assuming office.
The group’s letter draws attention to recent reports suggesting that many actions attributed to the former president may not have been approved or signed by him personally, but rather executed using an autopen. They also cited Speaker Mike Johnson’s public statement that Biden appeared unaware of the LNG pause and reports indicating that a particular White House advisor was the driving force behind it.
"In connection with recent revelations that many actions purportedly taken by the former president may not have been approved or signed by him, but instead promulgated over his signature using an ‘autopen,’ and especially in light of the Speaker’s public statements that Mr. Biden was not even aware of the LNG pause and the reporting that a particular White House ‘advisor’ was the person behind [it,] it does not require a great leap to wonder whether the LNG pause was itself promulgated by an advisor with an autopen, rather than by the former President himself," the group stated in their letter.
The letter highlights Speaker Johnson’s account of a conversation with Biden in January, during which Johnson questioned the President about the LNG export pause. Johnson recounted telling Biden, "Sir, why did you pause LNG exports to Europe? Liquefied natural gas is in great demand by our allies. Why would you do that? Cause you understand we just talked about Ukraine, you understand you are fueling Vladimir Putin’s war machine, because they gotta get their gas from him." According to Johnson, Biden responded by saying, "I didn’t do that."
The group also pointed to the significant involvement of John Podesta, the former White House senior advisor to the president for clean energy innovation and implementation, in the decision to pause LNG exports. In March 2024, a group of Republican lawmakers hand-delivered a letter to Podesta expressing their concern over his "driving" the LNG pause.
The use of presidential autopens has garnered increased attention recently, particularly after Trump asserted that the courts should determine whether Biden’s use of an autopen for executive orders and pardons renders them invalid.
An autopen is a device that physically holds a pen and is programmed to replicate a person’s signature. The Justice Department’s Office of Legal Counsel issued an opinion in 2005 stating that the president is permitted to use an autopen to sign bills into law. Furthermore, the U.S. Court of Appeals for the Fourth Circuit issued a ruling in February stating that the absence of "a writing does not equate to proof that a commutation did not occur."
However, concerns persist regarding the frequency and appropriateness of autopen usage. A recent report published by an arm of the Heritage Foundation claimed that the majority of official documents signed by Biden allegedly used the same autopen signature, raising questions about the former president’s mental acuity and whether he personally authorized the signing of relevant legal documents.
The controversy surrounding the use of autopens and the potential for executive actions to be taken without the president’s full awareness or consent has fueled calls for greater transparency and accountability in the executive branch. The Power the Future’s request for an investigation underscores the seriousness of these concerns and the need for a thorough examination of the processes involved in the execution of executive orders.
If the investigation reveals that executive orders were indeed signed using an autopen without the president’s explicit authorization or understanding, it could have significant legal and political ramifications. Challenges to the validity of the affected orders could arise, potentially leading to their revocation or modification. Furthermore, the controversy could further erode public trust in the executive branch and raise questions about the competence and decision-making abilities of those in positions of power.
