
<p class="wp-block-paragraph">It has been reported that the Biden administration used the autopen to affix the President’s signatures on an unprecedented number of documents – including Executive Orders and other official documents. ; Many of the autopen signed orders had major policy impacts.</p>



<p class="wp-block-paragraph">Harry Truman is believed to be the first President to employ a mechanical signature machine – although Thomas Jefferson toyed with the idea way back then. ; President Obama was the first to use the autopen to sign legislation. ; But no President has used it as much on critical documents as Biden.</p>



<p class="wp-block-paragraph">The news media and the public were never aware of the extent to which the autopen was being used. ; It never became an issue before. ; It was in the background. ; But any investigation would be able to determine the real signature from one produced by autopen.</p>



<p class="wp-block-paragraph">Tens thousands of documents that are “signed” by presidents without their knowledge or permission.. ; They are mostly correspondence in response to letters from citizens or organizations. ; Members of Congress regularly request congratulatory letters from the President for constituents with notable achievements – recipients of honors or reaching 100 years of age. ; ; ;</p>



<p class="wp-block-paragraph">(By the way, we speak of THE autopen as if there is only one. To keep up with correspondence, the White House has several autopens with various forms of the President’s signature.)</p>



<p class="wp-block-paragraph">While previous presidents have used the autopen for informal correspondence, Biden&#8217;s reported reliance on the “pen” for official government documents has raised concerns among lawmakers and legal experts.</p>



<p class="wp-block-paragraph">Power the Future, a climate watchdog group, has called for congressional investigations into these executive orders, arguing that there is “no evidence” that Biden publicly acknowledged or discussed the subjects of many of the documents – even those dealing with major issues. The group reviewed eight executive orders related to climate and energy policy and found no record of Biden addressing them in speeches, press conferences, or even in social media posts.</p>



<p class="wp-block-paragraph">Among these orders were a pledge for net-zero emissions by 2050, an Arctic drilling ban, an offshore drilling ban, and a mandate for clean energy artificial intelligence centers. The absence of Biden’s direct involvement in these major policy shifts has led critics to question whether unelected staffers were making decisions on his behalf.</p>



<p class="wp-block-paragraph">House Speaker Mike Johnson said that in communication with Biden, the President was unaware of an Executive Order affecting liquefied natural gas (LNG) exports. When Johnson confronted Biden with the Order, the president responded, “I didn’t do that” &#8212; and seemed genuinely confused when told that he had signed it just weeks prior.</p>



<p class="wp-block-paragraph">These and other examples strongly suggest that Biden was not only not the man directing the autopen but was disturbingly unaware of what was going on.</p>



<p class="wp-block-paragraph">Biden’s excessive use of the autopen raises two issues. In view of Biden’s mental condition, was he aware of all the major documents being signed in his name? Did he propose, read and understand the documents being signed by autopen – especially Executive Orders and other formal documents? If the autopen was used extensively – as it appears – the question is “why? Was it his wife and staff who recognized his general incapacity?</p>



<p class="wp-block-paragraph">The second issue relates to the legitimacy and enforceability of a document signed by autopen. We lay people have long understood that a document may not be legal or binding unless we have personally affixed our signature – or gave power-of-attorney to another. It is the only way that we can be certain of consent. Some legal scholars compare the issue to contract law, where a signature is required to demonstrate intent and authorization. If a contract is signed by an unauthorized party, it may be deemed unenforceable or fraudulent. </p>



<p class="wp-block-paragraph">What about forgery? If you were to sign another person’s name to a document, it is a forgery. What if you use autopen to sign a document without the knowledge or authority of the alleged signatory? Is that forgery? I do not know the answer, but I am sure it could be debated and litigated in a court-of-law.</p>



<p class="wp-block-paragraph">(We go to great lengths to get signatures. ; When my firm was working on Steve Forbes presidential campaign in Illinois, we noted that he had not signed a document required to appear on the ballot in the Land of Lincoln. ; With the deadline upon us, we had to quickly charter a private plane to meet Forbes in Kansas City to get his signature – and fly back. ; But I digress.)</p>



<p class="wp-block-paragraph">While the legality of a mechanical signature is questionable, there have been some prejudgments made in terms of the President. ; In 2005, the Department of Justice issued a memo concluding that presidents do not need to sign a congressional bill for it to become a law. ; But that is merely a legal opinion. ; And what about all those other official documents – Executive Orders, appointments, military orders, etc.</p>



<p class="wp-block-paragraph">The issue of pardons – including the Biden family &#8212; was raised by President Trump, who personally signs all official documents. He thought the Biden pardons should be nullified. In 2024 – at the end of the Biden presidency – a federal appellate court ruled that the absence of a handwritten signature does not invalidate pardons and commutations. But that is only one court’s decision – and appears to be an attempt by the Biden administration to cover its butt. The issue has never been conclusively decided by the Supreme Court. Until that happens, it is an open question.</p>



<p class="wp-block-paragraph">This could be one of those acorn scandals that grows into a political oak tree. The House Oversight Committee has already launched an investigation of Biden&#8217;s use of the autopen. The Committee plans to subpoena former White House officials – and potentially Biden &#8212; to determine the extent of its use of the autopen &#8212; and by what or whose authority. Who actually ran the machine?</p>



<p class="wp-block-paragraph">Democrats are already caterwauling – calling the investigation “political”. I suppose it is in the spirit that all things in Washington are political. But there are good reasons for a thorough investigation. It is very possible based on preliminary reports and testimony that the presidential responsibilities of the White House were being carried out by unelected and authorized individuals. It raises broader questions of presidential authority, transparency and legitimacy. It raises questions of the legitimacy of a lot of documents that had major impacts on the nation. Is it even possible that so many presidential actions could be nullified?</p>



<p class="wp-block-paragraph">The debate over the Biden Administration&#8217;s use of the autopen highlights broader concerns about presidential authority, transparency, and legal validity. While past presidents have used the device for routine correspondence, Biden&#8217;s reported reliance on it for official documents has led to investigations and legal scrutiny. As lawmakers continue to examine the issue, the question remains: does an autopen signature carry</p>



<p class="wp-block-paragraph">The American people deserve answers &#8212; and a congressional investigation is a good start. ;</p>



<p class="wp-block-paragraph">So, there ‘tis.</p>

Is there a MAJOR autopen scandal brewing?
