The House Oversight Committee has launched a significant investigation into the Biden administration’s use of an autopen. This inquiry questions who truly held decision-making power during Biden’s presidency amid growing concerns about his cognitive health. Could Trump declare executive orders signed by an autopen invalid?
Investigating the Autopen’s Role in Biden’s White House
House Oversight Committee Chairman James Comer is spearheading an investigation into former President Joe Biden’s use of an autopen to sign executive orders and legislation during his administration. The Kentucky Republican has raised pointed questions about who was making decisions in the White House, telling NBC News: “We’re focused on the autopen. Who was making the decisions? Who was authorizing his signature? Was it him?”
While autopens have been used in the White House for decades, with Barack Obama being the first president to use one for signing legislation, Republicans contend Biden’s usage raises unique concerns about executive authority. There is no official record documenting how frequently the Biden administration employed the autopen, though the Heritage Foundation has claimed it was used extensively throughout his presidency.
Things are starting to heat up. 👀
Trump claims Biden’s handlers committed “TREASON at the highest levels”, by taking control of the autopen, stealing the Presidency, and allowing millions to come across our border unchecked.
What’s the punishment for treason? pic.twitter.com/Liv0ebjroL
— Clandestine (@WarClandestine) May 20, 2025
Legal Questions and Presidential Authority
A 2005 Department of Justice memo and a 2024 federal appeals court ruling have previously established the legality of autopens for presidential signatures. However, Comer and other Republicans are questioning not just the practice itself but whether Biden was fully aware of and personally authorized the documents being signed in his name.
A former Biden White House official has strongly defended the administration’s practices, stating to NBC News: “Any accusation that President Biden was not making decisions is false. President Biden made the decisions about the pardons and the executive orders he issued, and the legislation he signed into law.”
The same official added that using an autopen “is a well-established and legal practice” that has been employed as a “clerical mechanism” across multiple administrations. This defense comes as Republicans increasingly frame the investigation as a matter of constitutional significance rather than just a procedural concern.
It was reported “Joe Biden” sign off on $2.5 billion in aid to Ukraine…
While he was vacationing in St. Croix.
At the same time the pardons were being signed NOT by Joe Biden.
Another autopen signing.
Who signed off on the $2.5 billion?
Where did that money go?
Treason. pic.twitter.com/KTBgM18SkT
— C3 (@C_3C_3) May 20, 2025
Escalating Political Implications
The House Oversight Committee is preparing to issue subpoenas to former Biden White House officials as part of this investigation. Comer has indicated a preference for closed-door depositions rather than public hearings, telling NBC News: “I’ve always said you get more information in Oversight from depositions and interviews than you do public hearings.”
This autopen investigation coincides with Biden’s recent revelation of an aggressive prostate cancer diagnosis, though Republicans remain focused on questions about his cognitive health during his presidency. President Trump has been vocal in his criticism of Biden’s autopen usage, suggesting it fundamentally undermines the presidency and raises questions about who was truly running the country.
Comer has described the situation as potentially “the biggest scandal in American history,” suggesting Biden family members may have exerted undue influence in presidential decision-making. The investigation aligns with broader Republican efforts to scrutinize the Biden presidency, including additional probes into his handling of classified documents and cognitive capabilities during his time in office.