Trump Challenges Biden’s Use of Autopen for Signing Legal Documents

Trump Challenges Biden’s Use of Autopen for Signing Legal Documents

The White House has clarified that President Donald Trump does not employ an autopen to sign legally binding documents such as pardons. This statement follows Trump’s accusation that former President Joe Biden utilizes this mechanical device for signing important legal papers.

A White House representative confirmed that during both of Trump’s terms, the official policy was to require his hand signature on every operational document. This policy underscores the administration’s stance on the authenticity and importance of such signatures.

Trump addressed reporters aboard Air Force One recently, expressing his views on the use of autopen for important dispatches. He admitted to using it for correspondence but deemed it disgraceful to utilize this technology for signing documents like pardons.

“We may use it, for example, to send some young person a letter because it’s nice,” Trump explained. He emphasized the significance of personal touch in important documents, stating, “But to sign pardons and all of the things that he signed with an autopen is disgraceful.”

Trump’s Accusations Against Biden

Trump raised questions about the legality of Biden’s pardons, insisting that the courts must determine if the use of an autopen renders these documents void. His comments reflect a broader concern over the commitment to authenticity in presidential signatures.

An autopen functions by replicating a person’s signature through programmed technology. In 2005, the Justice Department’s Office of Legal Counsel ruled that a president may utilize an autopen for signing bills into law. Additionally, a ruling by the U.S. Court of Appeals for the Fourth Circuit in February stated that the absence of a manual signature does not equate to insufficient proof of actions taken, such as a commutation.

In their opinion, the circuit court noted, “The constitutional text is thus silent as to any particular form the President’s clemency act must take to be effective.” This statement suggests legal flexibility regarding signature authenticity.

The Impact of Autopen on Biden’s Authentication

Trump’s assertions regarding Biden’s use of an autopen for pardons specifically called attention to documents signed for lawmakers involved in the House Select Committee investigation of the January 6 Capitol riot. Trump further elaborated in a social media post, accusing Biden of lacking knowledge about the signing process.

In his post, Trump claimed, “In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them! The necessary pardoning documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime.”

While Trump’s campaign continued to question the authenticity of Biden’s signatures, a spokesperson for Biden did not respond to inquiries from Fox News Digital regarding these allegations.

Analysis of Autopen Usage During the Biden Administration

A recent report commissioned by the Oversight Project, a conservative think tank affiliated with The Heritage Foundation, examined the authenticity of Biden’s signed documents. Released on March 6, the report indicated a significant number of documents from Biden’s administration utilized an autopen for signatures.

The findings of this analysis raise some critical questions. The Oversight Project concluded, “Our findings suggest widespread use of an autopen to sign clemency warrants throughout the Biden Presidency.” They further highlighted concerns about whether President Biden personally authorized official acts and which unelected staff members controlled the autopen device.

This inquiry into Biden’s signature practices reflects broader concerns regarding transparency and personal involvement in presidential duties.

The Context of the Pardons

Among the notable pardons signed by Biden was one for retired General Mark Milley, former chair of the Joint Chiefs of Staff, whom Trump has labeled a traitor. Additionally, other pardons are linked to individuals connected with the January 6 Select Committee, which conducted an investigation into the Capitol attack.

Trump has long criticized the select committee and was indicted in August 2023 for his alleged role in attempting to overturn the results of the 2020 presidential election. However, this case was dismissed by special counsel Jack Smith in November 2024 after Trump reclaimed the presidency.

Trust and Transparency in Presidential Signatures

The current debate surrounding autopen usage highlights a significant issue regarding trust in presidential signatures. As public confidence in government processes continues to evolve, officials must navigate perceptions of authenticity, efficiency, and accountability.

Legal precedents suggest that the use of autopen is permissible under certain circumstances, yet the implications of such practices on public trust warrant careful consideration.

In summary, while the White House staunchly defends the authenticity of Trump’s signature practices, the concerns raised by Trump regarding Biden’s use of an autopen reflect a complex intersection of legality, ethics, and public perception in the realm of presidential power.

This report includes contributions from the Associated Press.