Will Former U.S. President Joe Biden Face Legal Challenges Over Autopen Signatures?

Will Former U.S. President Joe Biden Face Legal Challenges Over Autopen Signatures?

Concerns have arisen over President Biden’s use of autopen signatures on important state documents, such as pardons. However, what is the likelihood of legal challenges regarding the validity of these signatures in court?

Tarly, an analyst for Fox News, tweeted, "There have been many legal challenges raised regarding Biden's pardons, but the chances of these challenges succeeding in court are slim."

Meanwhile, former President Donald Trump has claimed that the pardons granted by Biden are illegal because they were signed using autopen. Trump wrote on his Truth Social platform, "Biden didn’t know about them, and they were signed using autopen. Therefore, these pardons are now null, void, and have no effect."

Autopen is a machine that automatically creates signatures, essentially a replica of a signature. U.S. presidents have long used autopen, especially when physical presence or time is a constraint.

Tarly further added, "Even if Biden's pardons were challenged, the court is likely to dismiss them as insignificant." Moreover, questions have long been raised regarding Biden’s health and mental fitness, particularly concerning his participation in the 2024 presidential election.

The Legality of Biden’s Use of Autopen

In 2005, the U.S. Department of Justice issued an opinion stating that a president can use autopen to sign laws, but this is only valid for signing purposes, not for decision-making. In response to this opinion, the Heritage Foundation’s Project Oversight has argued that under Biden, these signatures may not be effective unless done with his direct approval.

Concerns Over Biden’s Mental Fitness

At the heart of this debate is Biden's mental fitness. As he prepares to run for the 2024 election at the age of 81, his mental state has come into question. This issue became more evident after Biden's underperformance in the presidential debates last year.

Speaker Mike Johnson and other political leaders have stated that Biden appeared unaware of certain decisions, which has raised concerns. However, from a legal standpoint, experts believe that challenging Biden's autopen signatures in court is unlikely to succeed.