Who was really in charge: ‘Autopen’ controversy in the White House

A significant number of official documents signed by former U.S. President Joe Biden reportedly utilized the same autopen signature, reigniting concerns about the former president’s mental sharpness and whether he “actually authorized the signature of relevant legal documents,” according to a report by the Heritage Foundation.
Critics, including Republican Missouri Attorney General Andrew Bailey, are questioning whether Biden was fully aware of the orders he signed, given concerns about his cognitive decline.
Calls for investigation
The conservative Heritage Foundation’s Oversight Project uncovered the situation, suggesting the legitimacy of these executive actions could be challenged.
Bailey has demanded an investigation by the Department of Justice (DOJ) into whether unelected staff exploited Biden’s cognitive decline to push through radical policies without his knowing approval. “I am demanding the DOJ investigate whether President Biden’s cognitive decline allowed unelected staff to push through radical policy without his knowing approval,” Bailey said.
Addditionally, Republican House Speaker Mike Johnson highlighted that Biden did not remember signing certain decisions, such as an executive order related to LNG (Liquefied Natural Gas) exports, stating, “The President truly does not know what he is signing.” Reps for Biden did not respond to requests for comment.
One such autopen-signed order was an August 2022 directive intended to safeguard abortion access during emergency situations. Another was a December 2024 order to close government offices on January 9, 2025, to honor the late President Jimmy Carter.

Autopen signatures are produced by a machine rather than being done by hand, and presidents dating back to at least Harry Truman have utilized the modern autopen.
The Heritage Foundation also revealed that all documents signed by Biden during his presidency used the same autopen signature except for the announcement that he was dropping out of the 2024 presidential race.
The signature on this particular letter had slight differences from those on executive orders.
Concerns about Biden’s mental acuity
Concerns about Biden’s mental acuity have persisted throughout his time in office, culminating in his withdrawal from the 2024 race amid a Democratic revolt.
Former President George W. Bush previously tasked the Justice Department with assessing the constitutionality of autopen, with government lawyers concluding it was legal.
While Bush decided not to use autopen due to potential challenges, his successor, Barack Obama, did use it for key documents such as the signing of a 2013 fiscal cliff compromise bill.
Representatives for Biden have not yet responded to requests for comment.