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EXCLUSIVE REPORT Senate Republicans are actively seeking to establish a paper trail regarding former President Joe Biden’s utilization of an autopen. This initiative could potentially lead to further hearings, legislative action, or even constitutional amendments aimed at addressing concerns surrounding a president deemed mentally incapacitated.
Senator Eric Schmitt, who chairs the Senate Judiciary Subcommittee on the Constitution, has formally requested exclusive access under the Presidential Records Act to a collection of documents from Biden’s administration that detail his autopen usage.
In a letter to Secretary of State and Acting National Archivist Marco Rubio, which was obtained exclusively by Fox News, Schmitt claimed that the creation of a paper trail is vital for determining the most suitable legislative response. Transparency regarding key directives issued late in Biden’s presidency will aid in this decision-making process.
As the situation unfolds, it is essential to note that the increased deployment of the autopen for signing significant documents such as pardons and executive orders has raised alarm. Schmitt expressed that the reliance on this mechanism might illustrate a worrying glimpse into President Biden’s mental decline. Consequently, inquiries regarding the legality of these directives loom large if it is established that President Biden did not personally authorize the uso of the autopen.
Schmitt’s request encompasses a wide range of documents, including memos that outline the procedures for autopen usage, the individuals authorized to operate it, and any communication from staff that either authorized or requested this usage.
Furthermore, he has called for access to all White House records following November 1, 2024, that pertain to presidential pardons. This specifically includes priority documents such as briefing notes, memos, and decision frameworks related to pardons, as well as a broader request for all White House records post-November 1.
Arming the subcommittee with this information, Schmitt suggested, would allow for the crafting of amendments that adequately address scenarios involving a mentally incapacitated president. The complexity of amending the Constitution is already daunting, and the need for comprehensive measures could prove even more challenging should important contingencies remain unaddressed.
Schmitt’s initiative follows a recent hearing conducted by the Senate Judiciary Committee that investigated Biden’s alleged mental decline during his time in office. This hearing examined how the usage of the autopen may have enabled his inner circle to avoid constitutional constraints while fulfilling presidential responsibilities.
In light of these developments, it is crucial to highlight the recent closed-door session held by the House Oversight Committee. This session featured testimony from Neera Tanden, the former director of Biden’s Domestic Policy Council.
A source revealed that during a lengthy five-hour interview, Tanden indicated she had minimal interactions with President Biden, particularly in her capacity as staff secretary. To acquire autopen signatures, she typically sent decision memos to key members of Biden’s close team.
What became even more concerning was Tanden’s admission that she lacked awareness of the approvals that transpired between dispatching the memo and receiving a signed response.
However, Tanden’s opening statement, shared with Fox News Digital through her attorney, Michael Bromwich, stated that she was responsible for facilitating the flow of documents to and from the President. She confirmed her authority to ensure autopen signatures were applied to specific categories of documents.
“We had an established system for authorizing the autopen, one that I inherited from previous administrations,” Tanden stated. She mentioned that this process continued throughout her time as staff secretary.
Subsequently, Tanden took on the role of director for Biden’s Domestic Policy Council. At that point, she claimed no longer to be involved in document flow or decisions regarding autopen usage.
During her testimony, Tanden noted a significant public misconception. She insisted that discussions surrounding the President’s age must be distinguished from queries about whether he was effectively in charge of the presidency. “I witnessed no indications that would lead me to question his command as President. He was in control,” she asserted.
In closing, Schmitt expressed urgency in receiving the requested documentation and has asked that it be made available no later than July 16. “Understanding the extent of President Biden’s decision-making capacity as his presidency drew to a close is critical. Additionally, we need to assess whether members of his inner circle may have usurped Presidential authority,” he highlighted in his letter.
Contributions to this report were made by Liz Elkind of Fox News Digital.
