Presidential autopen use is back in the spotlight
Images: Tom Brenner/NY Times | Shapell Manuscript Foundation
Former President Biden recently escalated his battle against Republican critics that condemn his use of autopen and say aides took advantage by signing decisions in his name.
- In a New York Times interview published Sunday, Biden called President Trump and other Republicans “liars” for claiming his aides had used an autopen to sign pardons without Biden’s authorization during his final days in office.
- The Times also reports that Biden didn’t approve every single name for larger categories of people to be issued pardons or granted clemency, but rather approved which standards would be used.
The issue is far from over: In recent months, the Trump White House, DOJ, and Congress have all launched ongoing investigations into a series of pardons made by Biden via autopen in his final weeks in office, as well as Biden’s overall mental competence during his term.
But what exactly is an autopen?
An autopen, also called a robot pen, is a physical machine that automates a person's signature with a pen or other writing instrument. It’s different from a scanned signature, which is a digital image.
Autopens are typically used to replicate a person's signature on high volumes of letters, certificates, diplomas and other documents.
How have past admins used autopen? Many US presidents dating back to Jefferson have used the machine in some capacity, including for signature requests and last-minute bill signings. That includes Trump, though he says the process should be reserved for niceties such as signing letters to people who write to the White House.
Officially…The autopen received a blessing from Bush admin’s Justice Department in 2005, when the agency issued a legal opinion saying the President could approve a bill from Congress by directing a subordinate to place his signature. The opinion stressed that the president could only delegate the signature—not the decision to sign the document itself.
📊 Flash poll: In general, how do you feel about the use of autopens by US presidents?
See a 360°view of what pundits are saying →
Sprinkles from the Left
- Some commentators argue that despite Trump and Republicans’ fixation on Biden’s autopen usage, it’s difficult to see how this leads anywhere because there’s nothing evidently wrong or unlawful about it, and because other presidents have used it in the past.
- Others contend that there is no serious question that Biden fully intended to issue the flurry of pardons that bore his signature in the waning days of his presidency—but this “scandal” is gaining major traction in right-wing media because it allows Republicans to treat Biden’s entire presidency as suspect if not entirely fraudulent.
- “Trump’s autopen fixation, explained” –Aaron Blake, CNN
- “The GOP doesn’t really care how the pardons were signed” –Philip Bump, WaPo
- “Joe Biden Autopen Drama Explained” –Sophie Clark, Newsweek
Sprinkles from the Right
- Some commentators argue that Biden;s use of autopen isn’t how the pardon process is supposed to work—but, as in so many other instances, the Biden presidency shattered established expectations of presidential oversight and accountability.
- Others contend that Biden’s lame attempt to defend his last-minute pardons only confirms what everyone suspected—that his staff ran wild with his autopen—and also raises important questions about what else in Biden’s administration that his aides were in control of.
- “The autopen clemency chaos is Biden’s latest mess” –Washington Examiner Editorial Board
- “Biden’s ‘defense’ of aides who used his autopen speaks volumes about who was REALLY in charge” –NY Post Editorial Board
- “Joe Biden’s Autopen Folly” –Jeffrey Blehar, National Review
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