Overview

• The Department of Justice opened a formal investigation last week led by pardon attorney Ed Martin into whether Biden was competent to approve autopen-signed orders and clemencies.
• House Oversight, chaired by James Comer, has subpoenaed former aides including Lisa Monaco to testify in hearings starting later this month on the procedures behind autopen signatures.
• President Trump has labeled the unauthorized autopen use “criminal,” accusing aides of overruling Biden to enact immigration directives and pardoning decisions without his consent.
• An Oversight Project analysis found that Biden’s reliance on an autopen escalated over his term, with nearly every executive action in his final days signed mechanically.
• Legal scholars caution that while autopen signatures meet established legal standards, their use for major orders and clemencies raises unresolved accountability and constitutional questions.