GROK - Overview of Autopen-Gate up to Today

[JohnyMac]

I have seen little on the autopen scandal in the media so I asked GROK for an update. Below is what GROK reported. Just posting here to keep you folks in the loop. 

Yes, there are ongoing investigations into the possible misuse of the autopen during the Biden administration, primarily driven by House Republicans and focused on the use of the autopen to sign executive actions, including pardons. Below is a detailed breakdown based on the available information:

Is the Possible Misuse Being Investigated?

Yes, investigations are underway, spearheaded by the House Oversight Committee, led by Chairman James Comer (R-KY). The focus is on whether the autopen was used without proper authorization by former President Joe Biden, particularly for significant actions like preemptive pardons issued in January 2025, and whether this reflects a broader issue of Biden's cognitive capacity and decision-making during his presidency.

Additionally, there have been calls for the Department of Justice (DOJ) to investigate, notably from Missouri Attorney General Andrew Bailey, who requested a probe into whether Biden's cognitive decline allowed unelected staff to push through policies without his approval.

Where Are We with the Investigation?

The investigation is in its early stages, with the following developments as of May 2025:
House Oversight Committee Actions:
Comer announced in May 2025 that the committee would continue its probe into the "cover-up of Biden's mental decline and use of autopen." The committee has identified potential staffers who may have operated the autopen and is seeking to uncover who made decisions regarding its use.

On May 22, 2025, Comer sent letters to Biden's physician, Dr. Kevin O'Connor, and former White House aides Annie Tomasini, Anthony Bernal, and Ashley Williams, demanding they appear for transcribed interviews. These individuals were previously subpoenaed during the last Congress, but the Biden White House blocked their cooperation.

Comer has indicated that the committee believes it knows which staffers operated the autopen and plans to issue subpoenas if necessary to compel testimony.

DOJ Involvement:
The DOJ, now under Trump's administration, has pledged internal reviews of Biden-era pardons through the newly appointed Pardon Attorney, Ed Martin. A staffer familiar with Martin's plans stated he intends to cooperate with congressional inquiries.

There is no public confirmation that the DOJ has launched a formal investigation based on Bailey's request, but Martin has expressed intent to pursue justice aggressively if laws were broken.

Allegations of Payoffs:
Posts on X from May 2025, citing Rep. Tim Burchett, allege that staffers operating Biden's autopen were taking payoffs in exchange for pardons. These claims are unverified and lack detailed evidence, but they have fueled public and political interest in the investigation.

Energy Policy Concerns:
A pro-energy group, Power the Future, has called for an investigation into eight Biden administration climate-related executive orders, alleging they were signed by autopen without Biden's knowledge. This adds another dimension to the autopen controversy, focusing on energy policy impacts.

Who Is Doing the Investigation?

House Oversight Committee: Led by Chairman James Comer, this is the primary body driving the congressional investigation. The committee is focused on both the autopen use and broader questions about Biden's mental fitness.

DOJ (Potential): The DOJ, through Pardon Attorney Ed Martin, is poised to facilitate congressional inquiries and conduct internal reviews of Biden-era pardons.

External Groups:
The Oversight Project, a division of the Heritage Foundation, has been instrumental in raising concerns about autopen use, claiming that nearly all Biden-signed documents used an autopen signature except for specific instances like his 2024 withdrawal letter. Their findings have influenced the narrative but are disputed.

Power the Future, a pro-energy nonprofit, is advocating for a probe into climate executive orders.

Missouri AG Andrew Bailey: Bailey has called for a DOJ investigation into whether Biden's cognitive decline allowed unauthorized policy actions, though it's unclear if this has led to formal action.

What Are the Next Steps in the Investigation?

Based on the current trajectory, the next steps include:
Transcribed Interviews and Subpoenas:
The House Oversight Committee plans to conduct transcribed interviews with Dr. Kevin O'Connor and former aides Tomasini, Bernal, and Williams. If they do not comply voluntarily, Comer has indicated subpoenas will be issued.

Additional individuals, such as those who received preemptive pardons, may be subpoenaed for depositions, as suggested by Kyle Brosnan, former chief counsel for the Oversight Project.

DOJ Review of Pardons:
Pardon Attorney Ed Martin is expected to review Biden-era pardons, particularly those signed by autopen, to determine their legitimacy. This could involve assessing whether Biden knowingly authorized these actions.

Audit of Executive Actions:
There are calls for a full audit of executive actions from 2021 to 2025 to verify their authenticity and presidential intent. This could include examining the processes and controls around autopen use.

Legal Challenges:
If evidence suggests unauthorized use of the autopen, there may be attempts to challenge the validity of certain executive actions or pardons in court. However, legal scholars note that the Constitution does not require a president's physical signature for pardons, and a 2005 DOJ memo supports the legality of autopen use, which could complicate such challenges.

Further Public and Political Pressure:
Conservative groups and media outlets are likely to continue amplifying the issue, potentially pressuring the DOJ or Congress to escalate the investigation. Posts on X indicate ongoing public interest and speculation, which could influence the investigation's scope.

Investigation into Payoff Allegations:
The unverified claims of payoffs for pardons, as alleged by Rep. Burchett, may prompt further scrutiny, though no concrete evidence has been publicly presented. This could involve interviews or subpoenas targeting additional staffers.

Critical Considerations

Legal Standing: Multiple sources, including legal scholars and a 2005 DOJ memo, confirm that autopen use is legal and does not inherently invalidate executive actions or pardons. The Constitution does not require a physical signature, and courts have upheld this precedent.

Evidence Gaps: Claims of widespread autopen misuse, particularly the Oversight Project's assertion that "whoever controlled the autopen controlled the presidency," lack conclusive evidence. Photographic and video evidence exists of Biden signing documents by hand, and the National Archives uses a standard signature graphic for Federal Register documents, which may explain identical signatures.

Political Context: The investigation is heavily politicized, with Republican-led efforts focusing on Biden's cognitive decline and preemptive pardons for figures like Dr. Anthony Fauci, Gen. Mark Milley, and January 6 committee members. This could limit the investigation's impartiality.

Unverified Claims: Allegations of payoffs and a "constitutional crisis" (e.g., posts on X) remain speculative and require substantiation. Such claims should be treated cautiously until verified.

Conclusion

The investigation into possible autopen misuse during the Biden administration is active, primarily led by the House Oversight Committee under James Comer, with potential DOJ involvement through Pardon Attorney Ed Martin. It is in the early stages, focusing on identifying who controlled the autopen and whether Biden authorized its use for key actions like pardons. Next steps include interviews, subpoenas, and a possible audit of executive actions. However, the legal precedent supporting autopen use and the lack of concrete evidence of misuse suggest that proving significant wrongdoing may be challenging. The investigation's outcome will likely depend on the evidence uncovered in interviews and any legal challenges pursued.