Biden’s Autopen Use Drawing Criticism from Experts

Constitutional scholar Randy Burnett expressed concerns over Democratic narratives alleging threats to democracy during the Trump administration, while pointing out what he calls “the biggest constitutional scandal in US history” related to the autopen use under Biden’s administration. He suggests that these claims often overshadow the more pressing issue of executive actions taken by a president who may not be fully competent.

Burnett notes, “The narrative that our democracy is at risk is overshadowed by the fact that administrative agencies are being operated by unknown subordinates.” He reiterated that the south’s withdrawal was a significant constitutional crisis, labelling it a scandal.

Biden, during an interview with the New York Times, defended the use of autopens for signing official documents, stating that he had approved a number of actions, including clemency, at the end of his term. Interestingly, he mentioned that aides would often use an autopen for these decisions.

Biden reportedly authorized the use of the autopen for pardons on his last day in office, highlighting a controversial practice that has been under scrutiny. Those within his administration suggest he approved broader categories of amnesty, rather than individual names for pardons.

Despite these practices, some Democrats and media still labeled Trump a significant threat to democracy, often focusing on his presidency as a catalyst for crisis. Biden emphasized he was aware of the pardons before taking office in 2024, saying, “I made all my decisions,” while attributing the use of autopens to the volume of paperwork he faced.

In light of his actions, he forgave several individuals tied to his administration, including former officials from his medical advisory team. However, the efficiency of autopen signatures, which differ from genuine handwritten signatures, raised eyebrows amidst concerns regarding Biden’s cognitive health, especially following perceived poor debate performances against Trump.

Trump, now back in the Oval Office, criticized the reliance on autopen, claiming it exemplified a lack of transparency regarding Biden’s decision-making abilities. He asserted, “I assure you that he didn’t know anything about signing,” when questioned about Biden’s interview.

Amidst this backdrop, Trump has initiated investigations into whether members of Biden’s staff engaged in misleading the public about the president’s mental capacity while utilizing autopen for significant actions.

Biden, responding, stated that claims of his incapacity and the use of autopen for actions were untrue, labelling his critics as “liars.” He strongly refuted allegations that his aides acted independently of him in signing official documents.