What is an autopen? The signing device at the heart of Trump’s attacks on Biden pardons
President Donald Trump made explosive accusations against former President Joe Biden on Sunday, claiming that Biden used an autopen to sign important documents, including pardons for lawmakers who served on the House Select Committee investigating the Jan. 6 Capitol riot. Trump alleged that Biden signed over 8,000 pardons using the autopen, questioning the validity of these actions and raising concerns about Biden’s mental acuity while in office.
What exactly is an autopen, and how does it function? An autopen is a device that physically holds a pen and is programmed to replicate an individual’s signature. Unlike a stamp or digital print, an autopen can accommodate various types of pens, from ballpoint to permanent marker. Modern autopen machines allow users to save a signature on a smart card or USB flash drive, which can then be transferred to the machine for use. Activation is typically done by inserting the pen and pressing a button or using a foot pedal to generate the signature.
The use of autopen machines is common among lawmakers and public figures who need to sign a large volume of documents quickly. For instance, former President Barack Obama authorized the use of an autopen in 2011 to reauthorize the Patriot Act while he was overseas in France. While this was the first known instance of a president using an autopen to sign legislation, previous presidents like Lyndon B. Johnson reportedly used the device for correspondence after its invention during World War II.
Despite Trump’s insistence that he personally signs every legally binding document, including pardons, a White House official confirmed that Trump does use an autopen for certain correspondence. Trump himself acknowledged using an autopen for letters but criticized its use for signing important documents like pardons, deeming it “disgraceful.”
While the Justice Department has determined that the president is authorized to use an autopen to sign bills into law, concerns have been raised about the validity of Biden’s autopen-signed documents. Constitutional scholar Jonathan Turley believes that legally challenging these actions in court would be unlikely to succeed, as presidents are allowed to use autopen machines, and courts are unlikely to assume any wrongdoing in their use.
Biden’s administration has not provided a comment on the record regarding the autopen controversy. Trump’s criticism comes on the heels of a report by the Oversight Project, affiliated with The Heritage Foundation, which found that a majority of documents signed during Biden’s administration used an autopen. The report raises questions about whether Biden personally authorized each action and who controlled the autopen device in his administration.
In conclusion, the use of autopen machines in government is not uncommon, but it has sparked a debate over the legitimacy of documents signed using these devices. While Trump’s claims have stirred controversy, legal experts suggest that challenging the validity of autopen-signed documents may face significant hurdles in court. The controversy surrounding Biden’s use of the autopen underscores the importance of transparency and accountability in the highest levels of government.
