Overview

The use of the autopen—a machine that reproduces a president’s signature—by former President Joe Biden has become a significant political controversy in late October 2025, driven by a House Oversight Committee investigation and new scrutiny from Attorney General Pam Bondi’s office124.

Key Developments

• House Oversight Committee Report: Under Chairman James Comer, the Republican-led committee released a nearly 100-page report alleging that Biden’s aides concealed signs of his “cognitive decline” and questioning whether he was fully aware of executive actions, including pardons, signed via autopen145. The report suggests that the extent of the autopen’s use, combined with concerns about Biden’s mental state, could raise constitutional questions about the validity of those actions.
• Department of Justice Review: Attorney General Pam Bondi has announced that her office is reviewing Biden’s use of the autopen for pardons, responding to the committee’s report24. The committee demands that the DOJ investigate further and, in a formal letter, deems Biden’s autopen-signed executive actions “void” due to alleged lack of personal approval, though legal scholars question the constitutional basis for this position24.
• Political Implications: The issue is highly partisan, with President Trump and other Republicans arguing that Biden’s autopen-signed pardons—including for his son, Hunter Biden—should be “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT”24. The committee’s report specifically targets pardons and commutations (over 4,000 in total) and urges the DOJ to consider reopening cases against recipients if the pardons are invalidated4.
• Legal Context: A 2005 Justice Department memo states that while presidents cannot delegate the decision to approve a bill or pardon, they can direct a subordinate to affix their signature after making the decision2. Legal experts note that previous presidents have also used the autopen without controversy, and the constitutional argument for invalidating actions signed this way is untested and generally considered weak2.

What the Reports Claim—and What They Don’t

• Allegations of a “Cover-Up”: The House report asserts that Biden’s cognitive decline was hidden and that there is “no record demonstrating President Biden himself made all of the executive decisions attributed to him”4. However, it does not name specific individuals who allegedly acted on Biden’s behalf, does not include testimony from the former president, and only provides excerpts from interviews with former staffers, some of whom invoked the Fifth Amendment4.
• Focus on Certain Staff: The report urges the DOJ to investigate former White House physician Dr. Kevin O’Connor and aides Anthony Bernal and Annie Tomasini, but does not present direct evidence of misconduct by these individuals4.

Differing Perspectives

• Republican Position: The GOP-led committee argues that Biden’s cognitive state and the use of the autopen undermine the legitimacy of his executive actions, especially pardons, and calls for a full DOJ investigation146.
• Democratic and Legal Scholars’ Response: Critics, including legal experts, argue there is no constitutional basis for invalidating actions signed by autopen if the president authorized them, and note that the practice has precedent2. The debate is seen by some as politically motivated, particularly given the focus on pardons affecting Trump’s political rival and his family4.

Next Steps

• DOJ Review: The outcome of Attorney General Bondi’s review will determine whether further action—such as attempting to invalidate pardons—is pursued24.
• Legal and Political Fallout: If the DOJ acts on the committee’s recommendations, it could lead to unprecedented legal challenges and renewed political battles over executive authority and presidential capacity24.

What Is an Autopen?

An autopen is a mechanical device used to replicate a handwritten signature. It has been used by several presidents for routine documents, but its use for high-stakes executive actions like pardons is less common and now under intense scrutiny8.

In summary:
The controversy centers on whether Biden’s use of the autopen for pardons and other executive actions—amid Republican allegations about his cognitive health—invalidates those actions. The House Oversight Committee is demanding a DOJ investigation, but legal precedent and expert opinion suggest that the constitutional case for invalidation is weak unless direct evidence emerges that Biden did not authorize the actions in question24. The issue remains highly politicized, with significant implications for the recipients of Biden’s pardons and for the norms surrounding presidential authority124.