- A new political controversy has emerged as President Donald Trump and conservative outlets raise concerns over former President Joe Biden’s use of an autopen to sign official documents and pardons. The Heritage Foundation initiated the controversy by suggesting Biden’s signatures on multiple documents appear identical, raising questions about their authenticity.
- Right-leaning media emphasize concerns over Biden’s mental acuity and potential abuse of power, while left-leaning media downplay the controversy, framing autopen use as legally sound and consistent with historical precedent.
- Legal opinions on whether autopen-signed pardons could be overturned vary, with right-leaning experts suggesting potential legal challenges and left-leaning experts arguing that autopen-signed pardons remain official acts.
Full Story
A new political controversy has emerged, President Donald Trump and conservative outlets raise concerns over former President Joe Biden’s use of an autopen to sign official documents. The allegations, first brought forward by Heritage Foundation, a conservative government watchdog group, question the validity of Biden’s signatures on official documents and pardons. Media coverage has framed the issue in contrasting ways, reflecting partisan perspectives.
Understanding the autopen
An autopen is a machine that replicates signatures with real ink, enabling public officials, including U.S. presidents, to sign documents remotely. The practice dates back centuries, with Thomas Jefferson using a similar device. More recently:
- In 2005, President George W. Bush’s Office of Legal Counsel affirmed a president could lawfully authorize an autopen signature.
- In 2011, President Barack Obama became the first known president to sign legislation using an autopen while abroad.
Heritage Foundation autopen allegations
The Heritage Foundation initiated the current controversy by releasing videos on X showing Biden’s signatures on multiple documents appearing identical. Their report suggests:
- Biden and his staff may have used an autopen for preemptive pardons, including for family members and Jan. 6 committee members.
- The authenticity of Biden’s involvement and knowledge of these signatures is uncertain.
- “Whoever controlled the autopen controlled the presidency,” the group stated on X.
The group’s findings rely on documents from the Federal Register. However, the National Archives clarified in a statement to Snopes that digital copies of presidential signatures are standardized using a single graphic file for online records. Other media outlets found identical signatures from previous presidents in the same database, further complicating the claims.
Fox News Digital also examined the signatures on President Donald Trump’s executive orders, which are often signed in public or in front of the media, during his first administration and second administration and found the signatures were also the same.
Fox News
Coverage of the autopen allegations differs significantly across political lines.
- The Daily Wire: “Biden Pardons Were Signed With Autopen While He Was On Vacation, Watchdog Finds.”
- The New York Post: “Biden used ‘autopen signature’ on many official WH docs, raising concerns over his awareness.”
- Fox News: “Biden’s ‘autopen signature’ appears on most official docs, raising concerns over who controlled the WH: report.”
These outlets emphasize concerns over Biden’s mental acuity and suggest that someone else may have been making presidential decisions without his knowledge. Fox News also referenced past criticisms of Biden’s cognitive abilities, including statements from House Speaker Mike Johnson expressing concerns over Biden’s awareness of his own executive actions.
- NPR: “Trump tries to void Biden’s pardons, blaming autopen. Many presidents have used it.”
- Snopes: “Biden may have signed documents with autopen — like many presidents before him.”
- Associated Press: “Presidents have used autopens for decades. Now Trump objects to Biden’s use of one.”
These outlets downplay the controversy, framing autopen use as legally sound. NPR’s coverage notes that Trump’s objections lack supporting evidence and that previous presidents have utilized the autopen.
Legal debate over pardons
Experts consulted by different media outlets provide conflicting opinions on whether Biden’s pardons could be invalidated.
- Right-leaning experts: Suggest that Biden’s preemptive pardons may be legally challenged due to the lack of specified crimes.
“It’s certainly a clever argument, but I think that some of these pardons were so broad and unprecedented that the only way to determine the legality of them would be to attempt to charge some of those folks and have a court weigh in on that.”
Katie Cherkasky, Constitutional Law Attorney on Fox News
- Left-leaning experts: Argue that autopen-signed pardons remain official acts and that courts have upheld broad presidential pardon authority.
“We’ve had autopen for decades, no presidential action has ever been invalidated or undone because it was signed by autopen. While the pardon power itself is extremely broad, there is no such thing as an un-pardon power.”
Elie Honig, Former Federal Prosecutor on CNN
President Trump’s response
President Trump has criticized Biden’s autopen usage, posting on Truth Social that any pardons signed this way are “void, vacant, and of no further force or effect.”
Trump questioned whether Biden was aware of the process, implying that an unauthorized individual could have been controlling the White House.
“It looked like we had an autopen for a president. The whole subject of autopen, did he know what he was doing? Did he authorize it or did somebody maybe a radical left lunatic just sign what that person wants.”
President Trump
White House Press Secretary Karoline Leavitt responded to the press’ questions over Trump’s claims, saying he was “begging the question” whether the pardons should be void. Trump said Sunday night on Air Force One that courts should decide the legality of Biden’s autopen signatures.
Conclusion
While it remains unclear how frequently the Biden administration used the autopen, the controversy highlights how media outlets shape public perception. The right frames it as a potential abuse of power and a sign of Biden’s diminished capacity, while the left presents it as a non-issue consistent with historical precedent.
Legal opinions on whether autopen-signed pardons could be overturned vary, leaving the matter open for debate. For now, Biden officials have not provided a direct response to media inquiries regarding his use of autopen, and any legal challenge would ultimately be decided by the courts. The public discourse surrounding the issue continues to be driven by speculation over what will happen next.
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