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Fact check: Is bidens autopen illegal

Checked on August 14, 2025

1. Summary of the results

Based on the analyses provided, Biden's use of an autopen is not illegal. Legal experts consistently indicate that autopen usage has no bearing on the validity of pardons or legislation, and the Constitution does not require a president's signature to be handwritten [1]. The practice of using autopens has been common among multiple presidents, including Donald Trump [1] [2] [3].

Biden has defended his autopen use, stating that it is legal and was used for processing a large number of people, while personally making every clemency and pardon decision during his final weeks in presidency [4] [3]. Trump has ordered an investigation into Biden's alleged autopen use, claiming it was used to sign key documents without Biden's approval and constitutes a conspiracy to deceive the public about Biden's mental state [1] [5].

2. Missing context/alternative viewpoints

The original question lacks several crucial pieces of context:

  • Historical precedent: Autopens have been used by presidents for decades, making Biden's usage part of an established practice rather than an unprecedented action [1]
  • Political hypocrisy: Rep. James Comer, who is leading the investigation into Biden's autopen use, himself uses digital signatures for official correspondence - a common practice in Washington [2]
  • Constitutional requirements: There is no constitutional mandate requiring handwritten presidential signatures, which undermines claims of illegality [1]
  • Political motivations: The investigation appears to be politically motivated, with Trump calling Biden's autopen use a "tremendous scandal" while having used the same technology during his own presidency [3] [5]

Political figures like Donald Trump and James Comer would benefit from promoting the narrative that Biden's autopen use is problematic, as it serves their political interests in questioning Biden's cognitive abilities and legitimacy of his actions.

3. Potential misinformation/bias in the original statement

The framing of the question as "is Biden's autopen illegal" contains an implicit assumption that there may be illegality involved. This framing potentially amplifies unsubstantiated claims without acknowledging that:

  • No evidence has been provided to support claims that Biden's aides secretly used the autopen to conceal cognitive decline [5]
  • The question ignores the widespread, bipartisan use of autopens and digital signatures in government operations
  • It fails to mention that legal experts doubt any Biden actions would be rendered void due to autopen usage [1]

The question appears to echo politically motivated attacks rather than seeking objective information about established governmental practices.

Want to dive deeper?
What is the legal precedent for using autopen for executive orders?
Has any other US President used autopen for signing legislation?
Can autopen signatures be considered valid for official documents?
How does the use of autopen impact the authenticity of presidential signatures?
Are there any specific laws or regulations governing the use of autopen by the President?