The Trump administration has denied a request by former President Joe Biden to invoke executive privilege in connection with ongoing congressional investigations into his administration’s use of the autopen, Fox News Digital reports.
White House Counsel David Warrington formally rejected the request in a letter sent to the National Archives and Records Administration, arguing that Congress has a compelling need to review the records at issue and that executive privilege should not be used to block scrutiny of serious allegations surrounding Biden’s presidency.
“As President Trump has stated, the abuse of the autopen that took place during the Biden Presidency, and the extraordinary efforts to shield President Biden’s diminished faculties from the public, must be subject to a full accounting to ensure nothing similar ever happens again,” Warrington wrote.
He added that other actions by the Biden administration also warrant full examination. “Similarly, President Biden’s repeated abuses of the rights of American citizens during the pandemic and his politically motivated efforts to investigate Members of Congress must also be subject to a full accounting to ensure nothing similar ever happens again. Congress has a compelling need in service of its legislative functions to understand the circumstances that led to all these horrific events,” the letter continued.
Warrington further pointed to concerns about the authenticity of Biden’s signature on the privilege request itself, noting discrepancies when compared with signatures used on other documents. “Remarkably, that letter demonstrates the importance of these congressional investigations. President Biden’s signature does not match the one he used to pardon his family or his son,” Warrington wrote, attaching images showing three different signatures.
Biden’s request for executive privilege was made in a letter dated Oct. 1, 2025, addressed to the Archival Operations Division of NARA. In that letter, Biden argued that releasing the records would undermine the presidency as an institution. “I am concerned that disclosure of these materials would damage important institutional interests of the Presidency, including by impairing the ability of future Presidents to receive robust, candid advice from their close advisers. For these reasons, I hereby assert executive privilege over the documents listed,” Biden wrote.
He also claimed cooperation with prior congressional requests, while drawing a line at the current demand. “I have raised no objections to multiple requests for Presidential records from my Administration, and hundreds of documents have already been provided to Congress pursuant to those requests, but the records now proposed for release include documents reflecting presidential decisionmaking and deliberations and other materials that are protected by executive privilege,” Biden wrote.
An autopen is a mechanical device designed to replicate a person’s signature and has been used by U.S. presidents for decades. However, the practice became a focal point of controversy after Biden left 1600 Pennsylvania Avenue, as lawmakers launched investigations into whether the machine was used to sign official documents without his direct approval.
Biden has denied those allegations, dismissing them outright. “Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations,” Biden said in a statement issued in June. “Any suggestion that I didn’t is ridiculous and false.”
The controversy gained momentum earlier in 2025, when the Heritage Foundation’s Oversight Project reported that the same signature appeared on numerous executive orders and official documents, while Biden’s signature on the document announcing his withdrawal from the 2024 presidential race appeared noticeably different. Those findings fueled speculation that aides, rather than Biden himself, may have approved sweeping executive actions and pardons.
President Trump repeatedly cited the findings, warning publicly that “whoever controlled the autopen controlled the presidency,” and later declaring, “I think it’s the biggest scandal maybe of the last 100 years in this country.”
In December, Trump announced that he would invalidate documents allegedly signed by the autopen. “The Autopen is not allowed to be used if approval is not specifically given by the President of the United States,” Trump wrote on Truth Social, asserting that roughly 92% of Biden-era documents bore the machine-generated signature. “The Radical Left Lunatics circling Biden around the beautiful Resolute Desk in the Oval Office took the Presidency away from him.”
Congressional scrutiny has unfolded on parallel tracks in both chambers. In the House, Oversight and Government Reform Committee Chair James Comer, R-Ky., spearheaded an investigation, while the Senate Judiciary Committee held a June hearing titled “Unfit to Serve: How the Biden Cover-Up Endangered America and Undermined the Constitution.”
In October, Comer released a report summarizing the House investigation and urged the Department of Justice to review all executive actions signed during Biden’s presidency. The probe focused on whether aides concealed signs of mental decline and whether the autopen was used to authorize actions without Biden’s knowledge.
Investigators interviewed several figures from Biden’s inner circle, including former White House physician Kevin O’Connor, former White House staff secretary Neera Tanden, former White House chief of staff Ron Klain, and others.
The committee’s report concluded: “Faced with the cognitive decline of President Joe Biden, White House aides — at the direction of the inner circle — hid the truth about the former president’s condition and fitness for office.”
Comer expanded on those findings in an October statement. “The Biden Autopen Presidency will go down as one of the biggest political scandals in U.S. history. As Americans saw President Biden’s decline with their own eyes, Biden’s inner circle sought to deceive the public, cover-up his decline, and took unauthorized executive actions with the autopen that are now invalid,” he said.
House Democrats issued a rebuttal, rejecting the conclusions and saying the investigation uncovered no misconduct. “Following more than a year of inquiry, extensive witness interviews, and significant time and effort expended by both Republican and Democratic staff, the Oversight Majority has failed to produce any evidence to support their allegations against President Biden,” Democrats said in their response.
Warrington countered that argument in his letter, writing that “the available evidence to date establishes a sufficient factual predicate for Congress’ investigations.” He also criticized the media, stating, “Any American, save for those paid to cover the President as ‘reporters’, could see that President Biden struggled to perform his duties.”
He concluded that the situation warrants extraordinary transparency. “These are unique and extraordinary circumstances. Congress is examining an assault on the President’s constitutional duties, the civil liberties the Constitution provides all Americans, and the democratic institution of Congress itself. The constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself,” Warrington wrote.
Concerns about Biden’s mental acuity had circulated for years among conservatives, intensifying dramatically after his poor debate performance against Trump in June 2024. Pressure from within the Democratic Party mounted soon afterward, culminating in Biden’s decision to exit the race.
Biden formally ended his 2024 campaign in a Sunday afternoon post in July, endorsing then-Vice President Kamala Harris. Harris went on to lose the general election to Trump after a campaign lasting just over 100 days.
{Matzav.com}