Biden’s Autopen Orders ‘Illegitimate’: House Oversight Report Calls for DOJ Probe

The Republican-led House Oversight Committee on Tuesday released a scathing report accusing former President Joe Biden’s White House aides of authorizing executive actions — including pardons and commutations — without the president’s personal approval, using a mechanical signature device known as the autopen.

The 91-page report, obtained by The Washington Post and conservative outlets including Fox News Digital and Newsmax, claims that Biden’s aides routinely relied on the autopen to sign official documents “without confirmed presidential authorization.” 

The committee argues that those actions are void and potentially illegitimate under the Constitution.

Comer Demands Full DOJ Investigation

Oversight Chair James Comer (R-Ky.) sent a formal letter to Attorney General Pam Bondi, urging the Justice Department to launch a “comprehensive” review of every executive action taken during Biden’s presidency from January 2021 to January 2025.

“The Committee requests that you investigate all executive actions taken during the Biden administration to ascertain whether they are duly authorized by the President of the United States,” Comer wrote.

The report’s findings suggest that as Biden’s health and pace declined in the later years of his presidency, his top aides — including Chief of Staff Jeff Zients, Senior Advisor Annie Tomasini, and Anthony Bernal — may have acted on his behalf in authorizing clemency decisions and other executive orders.

Both Tomasini and Bernal reportedly invoked the Fifth Amendment during their interviews with the committee.

According to the report, aides even used the autopen to issue pardons for members of Biden’s own family and close political allies, including controversial figures such as Dr. Anthony Fauci and Gen. Mark Milley, without sufficient documentation of Biden’s approval.

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Findings: 88% of Biden Orders Signed by Autopen

The Oversight Committee’s report cites data compiled by the Oversight Project, which found that 88.3 percent of Biden’s presidential actions — executive orders, proclamations, and clemency grants — were signed using the autopen.

More than 82 percent of those documents were signed while Biden was physically in Washington, D.C., suggesting aides may have acted even when the president was present in the White House.

Republicans allege that the autopen was first used on Day 5 of Biden’s administration and remained in use throughout his term.

While the Bush-era Justice Department previously issued guidance permitting autopen use if the president explicitly authorizes it, the new Oversight report contends that no such authorization existed in many of Biden’s cases.

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Questions Over Cognitive Health and Medical Oversight

The report also devotes extensive attention to Biden’s mental acuity in office. Former Chief of Staff Jeff Zients told investigators that Biden’s decision-making became noticeably slower and that internal discussions were held about whether he should undergo a cognitive exam.

White House physician Dr. Kevin O’Connor declined to confirm whether such an exam took place and invoked the Fifth Amendment during questioning.

The committee has now referred O’Connor to the District of Columbia Board of Medicine, urging a review of his conduct and whether he provided “misleading” assessments of the president’s health.

Comer called O’Connor’s refusal to cooperate “reckless,” alleging that political pressure from Biden’s inner circle may have compromised medical transparency.

White House Denies Allegations

A White House spokesperson dismissed the Oversight report as “baseless,” telling multiple outlets that “President Biden made the decisions of his presidency. There was no conspiracy, no cover-up, and no wrongdoing.”

Democrats on the committee echoed that message. Ranking Member Rep. Robert Garcia (D-Calif.) said every witness testified that Biden “fully executed his duties as President of the United States” and personally authorized each executive action.

Legal scholars cited by The Washington Post noted that presidential clemency cannot be revoked once granted, meaning any pardons signed with the autopen remain legally binding unless a court rules otherwise.

Political and Legal Implications

While the Oversight Committee lacks authority to nullify executive actions, its referral to the DOJ could open a broader debate over presidential accountability and succession of authority.

The findings also feed into continuing scrutiny of Biden’s health and the management of his final year in office, which culminated in his withdrawal from the 2024 presidential race following a poor debate performance.

Analysts say the controversy may further polarize Washington. If the DOJ launches a probe, it would test how far executive privilege and administrative delegation can stretch before violating the constitutional requirement that the president personally execute the laws.

For conservatives and policy watchers, the episode raises deeper questions about who was truly in charge during the Biden years — and whether staff-driven governance crossed into a constitutional gray zone.

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Next Steps

Attorney General Bondi has not yet publicly responded to the referral. The Justice Department and White House Counsel’s Office are both reportedly conducting internal reviews of the clemency process.

Meanwhile, Comer has vowed additional hearings and said the committee will pursue “all available legal remedies” to determine whether senior aides usurped presidential powers.

“The American people deserve to know who was really running the executive branch,” Comer said Tuesday. “If decisions of national importance were made by unelected staff using a mechanical signature, that’s a fundamental breach of trust.”