President Donald Trump signed a memorandum on Wednesday, June 4, ordering a formal investigation into whether former President Joe Biden’s aides unlawfully exercised executive authority during his time in office by using a mechanical autopen to authorize major policy decisions. The probe will examine who authorized the autopen, what documents it signed and whether Biden maintained the mental fitness to carry out his presidential duties at the time.
What is Trump alleging about Biden’s presidency?
Trump claims Biden’s advisors concealed his cognitive decline and used the autopen to validate key executive actions. In his memo, Trump called it “one of the most dangerous and concerning scandals in American history,” alleging a conspiracy to deceive the public and unconstitutionally wield presidential power.
The investigation, led by White House counsel and Attorney General Pam Bondi, will review over 1,200 presidential documents and actions issued in Biden’s name, including pardons, proclamations and judicial appointments. Trump said Biden’s signature enabled “radical policy shifts,” despite concerns about his mental capacity.
Trump has also claimed Biden used the autopen to sign preemptive pardons for members of the Jan. 6 congressional committee, calling them “void” because Biden “did not know anything about them.”
How is Biden responding to the investigation?
Biden rejected the claims as politically motivated.
“I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false,” Biden said in a statement Wednesday. He called the investigation a distraction from Republican policies and disputed ongoing claims about his cognitive health, stating, “They are wrong.”
Biden’s past remarks, including a May 2025 interview on ABC’s “The View,” rejected accusations that his aides acted without his consent, reaffirming his role in all major decisions.
Has the autopen been used before?
Yes, the autopen has a long history of use in the U.S. government. According to the Shapell Manuscript Foundation, the device was first patented in 1803 and quickly adopted by Thomas Jefferson. Over time, it evolved into a modern tool that stores digital templates of signatures for quick reproduction on documents.
Multiple presidents have used the autopen for routine correspondence and official documents. CBS News reports that former President Lyndon Johnson allowed photographers to capture it in the White House in 1968. Former Presidents John F. Kennedy, Gerald Ford and Barack Obama also relied on the device.
In 2011, Obama became the first president to use the autopen to sign legislation, extending the Patriot Act under a 2005 Department of Justice opinion that found the method constitutional, provided the president authorized it.
Has Trump used the autopen?
Yes. Trump told reporters aboard Air Force One in March that he used the autopen during his presidency, but only “for very unimportant papers.” He said it was appropriate for letters to young people or those in poor health, but not for decisions like pardons. “To sign pardons and all of the things that he signed with an autopen is disgraceful,” he said.
What are critics and investigators saying now?
Trump has labeled Biden’s alleged use of the autopen for major decisions as “disgraceful” and claimed on Truth Social: “THE AUTOPEN IS THE BIGGEST POLITICAL SCANDAL IN AMERICAN HISTORY!!!”
House Oversight Chair James Comer, R-Ky., announced a parallel investigation into Biden’s use of the autopen in his final months. CBS reported that Comer has requested testimony from former Biden aides and warned he may subpoena Biden himself if necessary.
