Biden's Use of Autopen Under Investigation Amid Claims of Executive Privilege and Signature Discrepancies
President Biden sought executive privilege over documents related to the use of an autopen for signing official papers amid congressional investigations. The Trump administration denied this request on a Tuesday, citing Biden's October 1, 2025, privilege letter sent to the National Archives and Records Administration (NARA).
White House Counsel David Warrington contended that these documents include presidential decision-making and deliberations shielded by privilege, urging a thorough accounting of the related events. Warrington also highlighted discrepancies in Biden's signatures, noting that the signature used to claim executive immunity did not match those on pardons granted to family members. Photographs show three distinct signatures in question.
An autopen is a machine designed to replicate a person's signature. Observers have noted ongoing controversy regarding autopen usage following Biden’s departure from office, with findings from the Heritage Foundation revealing signatures on various orders. Notably, Biden's handwritten signature from his departure did not align with those produced by the autopen.
Biden has denied ever signing official documents without his knowledge, asserting he personally made decisions on pardons and other actions, dismissing claims of unauthorized signatures as "ridiculous."
The probe into autopen usage has been led in the House by Oversight Committee Chairman James Comer. In October, the committee released a report alleging a cover-up concerning Biden's cognitive health and unauthorized use of the autopen, calling for a Department of Justice review of the executive actions involved.
Democrats have countered these findings, stating there is no evidence of wrongdoing or that Biden is unfit for office. They acknowledged ongoing investigations while emphasizing the White House’s stance on executive privilege.
Former President Trump has publicly criticized the use of the autopen, vowing to void documents reportedly signed by Biden through this method. Trump claimed a significant portion of Biden-era documents bear autopen signatures and insisted that true presidential approval is mandatory.