A demonstration of an old model autopen in 2011.Manuel Balce Ceneta/The Associated Press
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U.S. President Donald Trump has put the spotlight on a device called an autopen in a post on his Truth Social platform and comments he made on Sunday.
Mr. Trump claimed without evidence in his Monday post that former president Joe Biden used an autopen to sign an array of pardons in his last days in office, thus making them invalid.
Aboard Air Force One on Sunday evening, Mr. Trump told reporters, referring to Biden’s pardons, “I would say that they’re null and void, because I’m sure Biden didn’t have any idea that it was taking place, and somebody was using an autopen to sign off and to give pardons.”
The autopen is an automatic signing machine that reproduces a signature. It allows high-profile people to “sign” documents without being physically present. Its use is typically tightly controlled and only approved by the person whose signature it is replicating.
Mr. Trump’s rhetoric also amplifies conspiracies questioning whether Mr. Biden was fully in charge during his presidency. Concerns about Mr. Biden’s fitness for office contributed to his decision to withdraw from re-election. The political right in the U.S. has used this to cast doubt on the legitimacy of key decisions made during Mr. Biden’s term.
Mr. Biden issued pardons to people including Dr. Anthony Fauci, members of the House select committee who investigated the January 6 attack and relatives, including his son, Hunter.
President Donald Trump speaks to reporters on Air Force One on March 16.Kevin Lamarque/Reuters
Where did the autopen claims originate?
Claims about Mr. Biden’s use of the autopen appeared to gain prominence on March 6 via a series of posts on X by the Oversight Project.
The Oversight Project is run by the Heritage Foundation, a deeply conservative Washington think tank. The Heritage Foundation published Project 2025, a road map for restructuring the federal government, reducing regulations and advancing conservative policies on immigration, the economy and social issues.
The Oversight Project compared examples of Mr. Biden’s signature on what it claimed are official documents and said in another X post, “All have the same exact Biden autopen signature.”
It posted about Mr. Biden’s alleged use of the autopen several times in the following days, including sharing Fox News clips of Mr. Trump talking about it on March 13 and 14.
It is unclear if Mr. Biden used an autopen to sign the documents in question. If he did, legal experts say it’s not clear whether the pardons could be rescinded. Jay Wexler, a professor of constitutional law at Boston University School of Law, told NPR he thinks the autopen issue is a “non-starter” and a “distraction.”
Legality of a president’s autopen
The Bush administration in 2005 asked for a legal opinion from the Department of Justice on using an autopen. The department’s Office of Legal Counsel issued a memorandum that a president could constitutionally use an autopen to sign legislation into law.
Mr. Bush reportedly chose not to use an autopen, however.
Jeffrey Crouch, a professor at American University, told Axios that pardons are final so long as they are valid. “Other presidents have used an autopen to grant pardons,” he said.
The history of presidential autopens
Harry S. Truman is often cited as the first president to regularly use an autopen, initially to sign routine correspondence and checks.
Gerald Ford acknowledged his use of the autopen.
Barack Obama was the first American president to sign legislation into law via an autopen in 2011 when he authorized the White House to use the device to renew provisions of the USA PATRIOT Act.
The Daily Mail examined 25 Trump signatures on orders on the Federal Register’s website from his first and second administrations and found the signatures were all the same, potentially showing autopen usage.