Trump’s Investigation into Biden’s Use of Autopen: Authenticity in Presidential Signatures

Trump's Investigation into Biden's Use of Autopen: Authenticity in Presidential Signatures

(LibertySociety.com) – President Trump plans to investigate Biden’s use of an autopen for official documents, raising questions about who truly governed during the previous administration.

At a Glance

  • Trump has announced plans to investigate Biden’s use of the autopen for signing legislation and pardons
  • Trump claimed some Biden pardons are “void” because they were allegedly signed with an autopen
  • Legal scholars confirm there is no constitutional mechanism to overturn pardons once granted
  • House Oversight Committee Chairman James Comer is supporting the investigation
  • Autopens have been used by presidents since Thomas Jefferson to replicate handwritten signatures

Trump Questions Authenticity of Biden’s Signatures

Former President Donald Trump has raised serious concerns about the Biden administration’s use of an autopen, a mechanical device that replicates handwritten signatures, for official documents. Trump’s investigation aims to determine whether President Biden was fully aware of actions taken under his authority, suggesting some decisions may have been made without his direct involvement. The inquiry specifically targets immigration policies that Trump claims led to increased migration at the southern border and controversial pardons issued during Biden’s term.

Trump has been vocal about his suspicions regarding who was truly in charge during the Biden presidency. In public statements, Trump has alleged that unnamed aides, whom he characterized as “radical left lunatics” who preferred Bernie Sanders, may have been making decisions without proper authorization from Biden himself. This investigation represents a significant challenge to the legitimacy of key Biden administration policies and decisions.

Legal Standing of Presidential Signatures

Trump’s claims about the invalidity of Biden’s autopen-signed documents face significant legal hurdles. The Constitution does not specify that presidential signatures must be handwritten, and historical precedent supports various signing methods. A 2005 Justice Department memo explicitly supports the use of autopens for signing bills, suggesting it is legally acceptable. Additionally, a 1929 Office of the Solicitor General memo stated that a presidential pardon does not require the president’s personal autograph to be valid.

“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and many others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, because of the fact that they were done by Autopen” – Donald Trump.

Despite Trump’s declaration, legal scholars universally agree there is no constitutional mechanism to overturn pardons once granted. The U.S. Court of Appeals for the 4th Circuit ruled in 2024 that presidential clemency power is not restricted to documented writings. The National Archives has confirmed that official documents routinely use a copy of the president’s signature provided by the White House, a practice that has been in place across multiple administrations.

Congressional Investigation Underway

House Oversight Committee Chairman James Comer has announced his intention to investigate Biden’s use of the autopen, calling it “one of the greatest scandals of our generation.” Comer plans to interview former Biden aides about the extent of the autopen’s use and whether it indicates problems with Biden’s decision-making capacity. The investigation has gained support from the Heritage Foundation’s Oversight Project, which initially backed Trump’s claims about the autopen.

“This is one of the greatest scandals of our generation, and Americans are demanding answers” – James Comer.

Historical context is important for understanding this controversy. Autopens and similar mechanical signing devices have been used by numerous presidents, including Barack Obama, John F. Kennedy, and even Thomas Jefferson. The practice is not new in American governance, though Trump has suggested Biden’s use was unprecedented in scope. Despite Trump’s assertions, PolitiFact has rated his statements about void pardons as false, citing the lack of legal precedent for invalidating pardons based on the signing method.

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