House Oversight Committee Chair James Comer has called on the Department of Justice to open a formal investigation into the alleged misuse of the autopen during former President Joe Biden’s administration. The request follows the release of a 100-page report by the Republican-led committee, which claims that members of Biden’s inner circle concealed his cognitive decline and used an autopen—a mechanical device that reproduces a person’s signature—to sign executive orders, pardons, and other official documents. According to the report, these actions may have allowed significant decisions to be made without Biden’s direct authorization, raising serious questions about the legality and legitimacy of several executive actions taken during his presidency.
The committee’s report accuses senior White House aides of deliberately hiding the former president’s deteriorating condition, asserting that they acted “at the direction of Biden’s inner circle” to maintain the appearance of an active and capable leader. It describes what it calls a “haphazard documentation process” surrounding presidential pardons, claiming that multiple clemency decisions may not have received Biden’s personal approval. In the absence of clear evidence proving that the former president reviewed and signed off on those decisions himself, the committee argues such actions “should be considered void.” Comer and other Republicans on the committee maintain that the alleged misuse of the autopen undermines the constitutional process of presidential decision-making and warrants immediate legal scrutiny.
Comer has urged Attorney General Pam Bondi to conduct a comprehensive review of all executive actions issued during Biden’s term, with a particular focus on pardons. The report highlights “patterns and findings” that suggest systemic irregularities in how documents were approved, encouraging the Justice Department to determine whether Biden’s aides acted outside their legal authority. Comer contends that the autopen was not used merely for efficiency, as it has been by past presidents, but as a substitute for Biden’s direct involvement. Such a practice, he argues, represents an abuse of executive power. The controversy has reignited partisan debate in Washington over transparency, accountability, and the boundaries of presidential authority.
The Oversight Committee’s investigation also examined Hunter Biden’s alleged involvement in discussions about “preemptive pardons” for members of the Biden family. According to testimony from former White House Chief of Staff Jeff Zients, Hunter Biden was present during some conversations related to the pardon process. Comer claims that this blurred the line between official government business and personal interests. During an interview with Fox News host Laura Ingraham, he declared that “every pardon signed by Biden should be considered null and void,” citing conflicting witness testimonies. He further claimed that White House staffers gave inconsistent accounts of how the autopen was used and that internal Justice Department emails expressed concern about its excessive use and the lack of a clear approval process.
Over the course of three months, the committee interviewed fourteen witnesses, including longtime Biden aides, over a total of forty-seven hours of testimony. Comer stated that the interviews revealed a troubling pattern of denial and concealment, alleging that many staffers had not interacted directly with Biden for long periods of time. He also asserted that there were no notes, communications, or records proving Biden’s personal involvement in approving pardons. According to Comer, these findings demonstrate a “massive cover-up” intended to obscure the former president’s declining ability to perform his duties and to allow others to act in his place.
While Comer’s claims have generated significant attention, the use of an autopen by presidents is not unprecedented. A 2005 Justice Department opinion issued under President George W. Bush affirmed that a president may lawfully authorize staff to use an autopen to sign bills and other official documents. Supporters of Biden note that the device has long been used as a practical tool for efficiency, not deception. Nevertheless, Republicans argue that Biden’s alleged cognitive decline makes his case different, suggesting that the autopen was used to mask his incapacity. The Justice Department has not yet responded to Comer’s request, but the dispute underscores how deep partisan divisions continue to shape perceptions of presidential legitimacy and the exercise of executive power in the United States.
