A government watchdog group, the Heritage Foundation’s Oversight Project, has raised concerns regarding former President Joe Biden's use of an autopen to sign official documents, particularly presidential pardons. The group claims that the use of the autopen, while Biden was vacationing in the U.S. Virgin Islands, may indicate issues related to presidential control and authority, especially in light of Biden's reported cognitive decline.
According to the Oversight Project, Biden issued pardons for six individuals on December 30, 2022, all bearing the same autopen signature. This action coincided with the delivery of an omnibus spending bill to Biden for his signature, suggesting a pattern of reliance on the autopen for significant decisions. The group contends that the individual controlling the autopen effectively controlled the presidency during this time.
Kyle Brosnan, chief counsel for the Oversight Project, expressed particular concern about the legality of using an autopen for pardons, which are constitutionally reserved for the president. He referenced a previous report by Special Counsel Robert Hur, which described Biden as an “elderly man with a poor memory,” raising additional questions about the president's capacity to govern.
While some documents, including Hunter Biden’s pardon and Biden’s announcement to withdraw from the presidential race, were reportedly hand-signed, several controversial pardons, such as those for Dr. Anthony Fauci and General Mark Milley, were not. Brosnan suggested that the Justice Department investigate the policies surrounding the use of the autopen in the previous administration and determine who had the authority to operate it.
The Oversight Project's claims highlight ongoing discussions about the implications of presidential authority and mental fitness in the context of Biden's administration.