House Republicans are pressing for deeper scrutiny into the use of autopen signatures on more than 1,500 commutation orders issued by President Joe Biden near the end of his presidency — a move they argue raises serious questions about transparency and accountability.
“Americans deserve to know the truth,” said House Ways and Means Committee Chair Jason Smith, R-Mo., in an interview with Fox News Digital. “If an autopen was used to pardon hundreds — maybe thousands — of people, including the president’s own son, who made that decision? Was it Joe Biden, or just a staffer?”
The New York Times reported earlier this month that autopen signatures — a legal but controversial practice — were used extensively for clemency orders in the final months of Biden’s term. While Biden has publicly insisted he made “every decision,” the report noted the process involved aides logging decisions and routing them through a digital communication chain — leaving unanswered questions about the extent of Biden’s direct involvement.
Notably, The Times also acknowledged it has not reviewed the full set of internal communications.
Rep. Mark Messmer, R-Ind., raised concern over clemency orders finalized late at night — well beyond what he called Biden’s “cognitive window.” One clemency batch, the report noted, was approved after 10:30 p.m.
“We need to take a hard look at any autopen signatures initiated at 10:45 p.m.,” Messmer said. “That’s beyond the president’s usual activity cycle and needs to be brought into question.”
That timing aligns with earlier reporting from July 2024, in which Biden admitted he had stopped scheduling events past 8 p.m. due to needing rest.
Rep. Brandon Gill, R-Texas, said the public deserves clarity about who was actually controlling the signature process.
“People just want accountability,” Gill said. “They want to know that decisions made in the president’s name were his decisions.”
Some Republicans floated even more aggressive steps. Rep. John McGuire, R-Va., suggested courts might explore whether some pardons could be nullified. Rep. Andrew Clyde, R-Ga., went further: “This has to be investigated. In my opinion, anyone who stepped outside constitutional bounds should face prosecution.”
The House Oversight Committee, chaired by Rep. James Comer, R-Ky., has already launched an investigation into both the autopen’s use and whether top aides may have concealed signs of Biden’s alleged cognitive decline. Former White House Chief of Staff Ron Klain is scheduled to appear before committee investigators Thursday for a voluntary, transcribed interview.
Democrats, meanwhile, have blasted the investigation as politically motivated and lacking in merit.
Still, several GOP lawmakers emphasized the importance of restoring trust, even if Biden’s presidency is over.
“We need to know what happened, if only to prevent it from happening again,” said Rep. Troy Downing, R-Mont. “Given how Biden was functioning at the end of his term, the speculation is probably well-founded.”
House GOP Conference Vice Chair Rep. Blake Moore, R-Utah, added, “What’s done is done — but the public deserves to know when they’ve been misled.”
Though autopen has long been used by presidents of both parties — including President Trump — Republicans say the issue now is whether Biden remained the final decision-maker or if his staff quietly took over key duties in his name.
The investigation remains ongoing.
