GOP demands Biden’s autopen trail as questions swirl about who was ‘in charge’

Senate Republicans are on a mission to create a paper trail of former President Joe Biden’s autopen usage, with the ultimate goal of holding more hearings, passing legislation, or amending the Constitution to address concerns about a “mentally incapacitated president.”

Senator Eric Schmitt, who chairs the Senate Judiciary Subcommittee on the Constitution, has requested special access to Biden-era documents and memos that detail his use of an autopen. In a letter to Secretary of State and Acting National Archivist Marco Rubio, Schmitt argued that documenting key directives made towards the end of Biden’s presidency would help determine the most appropriate legislative remedy.

Specifically, Schmitt pointed to the increased use of the autopen to sign pardons, executive orders, and other documents as a symbol of Biden’s alleged mental decline. He raised questions about the validity of those orders and pardons if Biden did not personally direct the use of the autopen.

Schmitt has requested access to a range of documents, including memos outlining procedures for autopen usage, authorization for autopen use, and emails authorizing or requesting authorization for autopen usage. He also seeks access to White House records after November 1, 2024, related to presidential pardons and decision-making processes.

The goal of obtaining these documents is to ensure that any potential proposed amendment to the Constitution regarding presidential incapacity is comprehensive and addresses all contingencies. Schmitt emphasized the importance of thorough consideration to avoid the need for multiple amendments in the future.

This initiative follows a hearing by the Senate Judiciary Committee on Biden’s alleged mental decline while in office and how the autopen may have been used to circumvent constitutional requirements. It references a closed-door session with Neera Tanden, Biden’s former director of the Domestic Policy Council, who testified about her role in authorizing autopen signatures.

During the five-hour transcribed interview, Tanden stated that she had minimal interaction with Biden and was not involved in decisions related to the autopen during her tenure as staff secretary. She acknowledged using a system inherited from previous administrations to authorize autopen signatures and later transitioned to a different role where she was no longer responsible for such decisions.

Schmitt has set a deadline of July 16 for access to the requested documents, emphasizing the importance of understanding Biden’s decision-making capacity and the extent to which his inner circle may have influenced his actions. This effort aims to provide clarity on Biden’s presidency’s final days and ensure accountability in the handling of important documents.

As the investigation continues, Senate Republicans are committed to examining all aspects of Biden’s autopen usage and its implications for presidential decision-making. The quest for transparency and accountability in government remains a top priority for lawmakers as they work to address concerns about the functioning of the executive branch.