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Biden Under Fire: The Autopen Scandal and Allegations of Presidential Decline

The political world is abuzz with a fresh wave of controversy surrounding President Joe Biden, as a GOP-led investigation casts doubt on the legitimacy of his presidential actions. At the heart of the storm? The use of an autopen—a device that mechanically signs documents—and claims that Biden's cognitive abilities were compromised during his presidency. These allegations, detailed in a recent House Oversight Committee report, have reignited debates about presidential accountability, executive power, and the very definition of a "legitimate" president.

The Bombshell Report: What We Know

On October 28, 2024, the House Oversight Committee, led by Republican lawmakers, released a final investigative report that sent shockwaves through Washington. The report asserts that Biden’s use of an autopen to sign pardons and other official documents renders those actions “void” and “illegitimate.” The committee argues that the Constitution requires a president to personally sign key documents, and that the use of an autopen—especially without explicit authorization—violates this principle.

“The president’s signature is not a formality,” the report states. “It is a constitutional requirement that reflects the personal judgment and responsibility of the officeholder.”

The report also goes beyond the autopen issue, making a far more explosive claim: President Biden was impaired during his term, suffering from cognitive decline that affected his ability to govern effectively. This assertion, first reported by The New York Times, is based on interviews with White House staff, lawmakers, and medical experts—though the exact evidence remains undisclosed.

The Washington Post adds that the committee’s findings are part of a broader effort to question the legitimacy of Biden’s presidency, particularly in the wake of his withdrawal from the 2024 race and the subsequent Democratic nomination of Kamala Harris.

President Biden signing document with autopen at the White House

Recent Updates: The Timeline of a Political Firestorm

Here’s how the controversy has unfolded in recent weeks:

  • October 28, 2024: The House Oversight Committee releases its final report, accusing Biden of using an autopen to sign pardons and other executive actions. The report labels these acts “void” and “illegitimate” under constitutional law.
  • Same day: CNN reports that the committee claims the autopen was used without proper legal authorization, and that senior aides may have made decisions in Biden’s name without his full knowledge.
  • October 28, 2024 (evening): The New York Times publishes a companion piece detailing allegations of Biden’s cognitive decline, citing anonymous sources who describe the president as “increasingly forgetful” and “struggling to follow complex discussions.”
  • October 29, 2024: The White House issues a forceful rebuttal, calling the report a “partisan hit job” and stating that “every action taken by President Biden has been fully authorized and legally sound.”
  • October 30, 2024: Legal scholars and constitutional experts begin weighing in, with some supporting the committee’s concerns about the autopen while others dismiss the claims as hyperbolic and politically motivated.
  • November 1, 2024: The Department of Justice announces it will review the legal validity of pardons and executive orders signed during Biden’s tenure, particularly those involving the autopen.

These developments have not only dominated political headlines but have also sparked legal and constitutional debates across the country.

What Is an Autopen—And Why Does It Matter?

An autopen is a machine that replicates a person’s signature using a template. It’s commonly used in politics, business, and entertainment to handle high-volume signing tasks—think holiday cards, letters to constituents, or ceremonial documents.

But presidential pardons, executive orders, and treaties? That’s a different ballgame.

Historically, the use of autopens in the White House has been limited and carefully documented. According to The Washington Post, past presidents—from Ronald Reagan to Barack Obama—have used autopens for routine correspondence, but never for high-stakes legal actions like pardons or national security directives.

The Constitution doesn’t explicitly mention signatures, but Article II, Section 3 requires the president to “take Care that the Laws be faithfully executed.” Legal scholars argue that this implies personal responsibility—a concept that could be undermined if a machine, rather than the president, is making decisions.

“The autopen issue isn’t just about paperwork,” says constitutional law professor Laura K. Donahue of Georgetown University. “It’s about the symbolism and substance of executive authority. If the president isn’t physically signing a pardon, who is? And under what authority?”

Close-up of an autopen machine signing a document

The Bigger Picture: Cognitive Concerns and Presidential Legitimacy

The autopen controversy is just one thread in a larger narrative about Biden’s fitness for office—a topic that has simmered since the 2024 election cycle.

The House report doesn’t just question the legality of Biden’s signatures; it alleges that his cognitive abilities declined during his presidency, citing:

  • Increased reliance on staff for decision-making
  • Inconsistent public statements and verbal gaffes
  • Reduced public appearances and shorter workdays
  • Reports of confusion during high-level meetings

These claims echo concerns raised during the 2024 campaign, when Biden’s debate performance with Donald Trump raised alarms among voters, donors, and even some Democrats. The New York Times notes that the report draws on interviews with over 20 current and former White House officials, though none are named.

But the White House pushes back hard. In a statement, Press Secretary Karine Jean-Pierre said:

“President Biden has led one of the most productive and consequential administrations in modern history. The idea that he was ‘impaired’ is not only false—it’s deeply disrespectful to a man who has dedicated his life to public service.”

Still, the allegations strike a nerve. In a 2023 Pew Research Center survey, 74% of Americans said they were concerned about Biden’s age and mental fitness—higher than any other president in recent history.

This isn’t the first time a president’s health has come under scrutiny. Ronald Reagan faced similar questions during his second term, and Franklin D. Roosevelt governed for years while partially paralyzed. But in the age of 24/7 news and social media, public perception of a president’s competence is more fragile than ever.

The fallout from the House report is already being felt across multiple domains.

The DOJ’s review of pardons and executive orders could have real-world consequences. If courts rule that autopen-signed documents are invalid, thousands of individuals—including those granted clemency—could face legal challenges. Federal agencies may also delay implementing policies tied to autopen-signed orders.

2. Political Damage

The report gives Republicans a powerful talking point heading into the 2024 midterms and beyond. Expect to hear “illegitimate president” and “void pardons” in campaign ads and debates. Democrats, meanwhile, are rallying around Biden, accusing the GOP of weaponizing oversight to delegitimize a sitting president.

3. Public Trust

Americans are already skeptical of government institutions. This controversy could further erode trust in the presidency, especially if the public perceives a gap between what the president says and what actually happens in the Oval Office.

4. Precedent for Future Presidents

The case could set a legal precedent for how future presidents use technology in governance. If autopens are ruled unconstitutional for key actions, future administrations may need to adopt stricter signing protocols—or risk similar challenges.

White House press briefing with reporters questioning Biden's health and autopen use

Future Outlook: What Happens Next?

The path forward is uncertain, but several scenarios are possible.

If the DOJ finds evidence that autopen use violated constitutional norms, federal courts could be flooded with lawsuits. Individuals affected by pardons, commutations, or executive orders might sue to have those actions overturned. The Supreme Court could ultimately weigh in, potentially setting