Photo: Manhattan Institute
Trump Orders Probe Into Biden’s Use of Autopen and Mental Acuity During Presidency
In a dramatic escalation of political scrutiny, former U.S. President Donald Trump has directed the White House counsel and the Justice Department to investigate whether Joe Biden’s aides unlawfully used an autopen to sign official documents during his presidency, potentially obscuring signs of cognitive decline. The directive also questions the constitutional validity of decisions made through this method.
This move comes amid renewed focus on Biden’s health following a recent prostate cancer diagnosis and ongoing speculation about his mental sharpness during his time in office.
Trump, who succeeded Biden after defeating former Vice President Kamala Harris in the 2024 election, claims Biden may not have been the one making key executive decisions. According to a memorandum released this week, Trump has tasked the White House legal team and Attorney General to investigate whether Biden’s aides or other officials acted beyond their constitutional limits by using an autopen — a mechanical device that replicates a person's signature — to issue critical documents including executive orders, pardons, legislation approvals, and presidential proclamations.
The memorandum alleges that some individuals may have “conspired to deceive the American public” about Biden’s mental health, raising doubts about the legitimacy of actions taken in his name.
“In recent months, it has become increasingly apparent that former President Biden’s aides abused the power of presidential signatures through the use of an autopen to conceal Biden’s cognitive decline,” the memo states.
In a strongly worded response, Biden dismissed the accusations as baseless and politically motivated.
“Let me be clear: I made every decision during my presidency — the pardons, the executive orders, the policy directions, and the proclamations,” said Biden in a Wednesday night statement. “Any suggestion otherwise is false and insulting.”
Biden’s office reiterated that the autopen has been used by previous presidents and is a long-standing, legally accepted method to execute decisions already made by the President. White House records confirm that President George W. Bush, President Obama, and President Trump himself also used the autopen under certain circumstances.
Legal scholars note that while the autopen’s use is constitutional — particularly under circumstances when the President is traveling or ill — the controversy here hinges on intent. If Biden’s aides used it while misrepresenting his mental capacity or substituted their decisions for his, it could be grounds for deeper legal consequences.
“This isn’t just about the autopen — it’s about who made the actual decisions behind those signatures,” said Dr. Laura Freeman, a constitutional law expert at Georgetown University. “If Biden was not mentally fit and aides acted in his place without appropriate constitutional authority, it may constitute a significant breach.”
Trump’s team is also seeking to examine all documents signed via autopen, the chain of command surrounding their authorization, and any communications that might have intentionally obscured Biden’s mental or physical health status from the public and Congress.
Biden, now 82, stepped away from running for re-election in 2024 after a widely criticized debate performance that highlighted ongoing concerns about his age and cognitive ability. Shortly after, his team announced that he had been diagnosed with an aggressive form of prostate cancer.
These developments have reignited debates in Washington over presidential fitness, transparency, and succession planning. A 2023 Gallup poll showed that nearly 61% of Americans were concerned about the cognitive abilities of presidential candidates over 80 years old, a figure that sparked calls for reform within both political parties.
While Biden’s aides have consistently denied that his cognitive abilities were diminished, a new tell-all book by a former administration staffer claims several high-level decisions were delayed or rerouted through senior aides due to Biden’s reported “slowness and confusion” in later months of his presidency.
This week’s probe appears to be part of a broader push by Trump to frame the Biden administration as illegitimate or dysfunctional.
A Justice Department official revealed that Trump has also called for a separate internal review into whether Biden was fully aware of the clemency decisions he signed in his final months — including several high-profile pardons and sentence commutations, some reportedly involving family members or politically sensitive figures.
“This is not about politics. This is about the integrity of the presidency,” said a senior Trump aide involved in the investigation. “We’re looking into whether the Constitution was violated by people acting in the President’s name while he may not have been fully in command.”
The investigation is still in early stages, but it could have significant legal and political consequences. Depending on the findings, it may reignite calls for legislative reforms on presidential health disclosures, tighten procedures around executive decision-making, and raise constitutional questions that could make their way to the Supreme Court.
Political analysts warn, however, that this move may also be seen as a strategic deflection from Trump’s own ongoing legal troubles, including multiple criminal indictments.
Still, one thing is clear: the fallout from the Biden presidency is far from over, and both political camps are gearing up for another round of intense scrutiny.