Trump Accuses Biden of Autopen Use, Claims Pardons Invalid; Experts Disagree
Former President Donald Trump has launched a scathing attack on President Joe Biden, alleging the current administration is improperly utilizing an autopen to sign important documents, including pardons, potentially invalidating them. Trump specifically targeted pardons granted to individuals connected to the House Select Committee that investigated the January 6th Capitol riot, suggesting Biden’s use of the autopen indicates a lack of mental acuity and raises serious questions about who is truly controlling presidential actions.
According to Trump, Biden’s reliance on the autopen for signing over 8,000 pardons renders them "void," implying that the President himself may not be aware of the documents being signed by the automated device. These accusations have amplified existing concerns regarding Biden’s cognitive abilities and whether he personally approves all official actions undertaken in his name.
What is an Autopen?
An autopen is a mechanical device designed to replicate a person’s signature. It isn’t merely a stamp or a digital copy; instead, it physically wields a pen to produce a signature that mimics the original. Modern autopens can accommodate various pen types, from standard ballpoints to permanent markers, offering flexibility in replicating signatures across different document types.
The process involves saving a digitized version of the signature onto a smart card or USB drive, which is then loaded into the machine. With the pen in place, the device is activated, typically by pressing a button or using a foot pedal, triggering the automated signing process.
Beyond individual signatures, some advanced autopen machines can generate entire handwritten letters, suitable for mass-mail campaigns. These sophisticated machines allow users to customize font styles, spacing, size, and angle, ensuring a consistent yet personalized appearance for each document.
Autopen Usage: Common Practice, But Controversy Remains
The use of autopens is widespread among high-profile individuals like lawmakers and celebrities, who frequently need to sign a large volume of documents. For example, President Barack Obama authorized the use of an autopen in 2011 to reauthorize the Patriot Act while he was traveling in France. This instance marked the first known occasion of a president signing legislation via autopen, although historical records suggest other presidents, such as Lyndon B. Johnson, employed the technology for signing correspondence after its invention during World War II.
While acknowledging his own use of an autopen for correspondence, Trump emphasized that its use in signing legally binding documents like pardons is "disgraceful." A White House official has confirmed that Trump, during his presidency, personally signed all legally operational documents, adhering to his administration’s official policy.
Legality and Expert Opinions Diverge
Despite Trump’s criticisms, the Justice Department’s Office of Legal Counsel issued an opinion in 2005 stating that the President is authorized to use an autopen to sign bills into law. Further supporting this legal precedent, the U.S. Court of Appeals for the Fourth Circuit ruled in February that the absence of a physical signature does not automatically invalidate a commutation. The court asserted that the Constitution remains silent on the specific form required for presidential clemency to be effective.
Constitutional scholar Jonathan Turley dismissed the likelihood of successfully challenging Biden’s pardons based on the alleged autopen use, stating that the odds are "vanishingly low." He emphasized the legal precedent allowing presidents to use autopens and discouraged any presumption of a "dead-hand conspiracy."
Allegations Stem from Heritage Foundation Report
Trump’s allegations follow the release of a report by the Oversight Project, a component of the conservative think-tank The Heritage Foundation, on March 6. The report claimed that an analysis of Biden administration documents revealed widespread use of an autopen. The Oversight Project raised concerns about whether Biden personally authorized each official act, which unelected staff members controlled the device, and whether they acted with presidential approval.
The report’s findings have fueled concerns among conservatives, raising questions about the level of control unelected staff might have over official presidential actions. This, coupled with questions surrounding Biden’s cognitive sharpness, has opened a debate on the legitimacy of documents signed with an autopen under Biden.
A spokesperson for Biden declined to comment on the record when contacted by Fox News Digital, leaving the accusations unanswered by the current administration.
In conclusion, Trump’s accusation against Biden using an autopen to sign vital documents, especially the pardons of figures linked to the January 6th House Select Committee, has drawn extensive attention. With experts noting the legality of autopen use and critics scrutinizing its extent under Biden’s leadership, the debate surrounding autopens and the level of control unelected staff exercise over presidential actions is set to continue.
