Key Takeaways
- The autopen is a robotic device that replicates a person’s signature using real ink, and has been used by numerous US presidents, including Thomas Jefferson, Harry Truman, and Barack Obama.
- Donald Trump has claimed that he will reverse everything that Joe Biden has signed with an autopen, citing that approximately 92% of his executive orders are invalid.
- There is no evidence to support Trump’s claims, and Biden has defended his use of the autopen, stating that he made every decision and directed his staff to use the device on clemency warrants.
- Trump’s attacks on Biden’s use of the autopen are part of a larger effort to question Biden’s cognitive state and ability to perform his presidential duties.
Introduction to the Autopen
The autopen is a device that has been used by US presidents for decades to sign documents in bulk. The device, which was patented in the US in 1803, uses real ink to replicate a person’s signature. According to a 2005 guidance from the Justice Department, the president is not required to personally sign a bill in order for it to become law, and may instead direct a subordinate to affix their signature using an autopen. This practice has been used by numerous presidents throughout history, including Thomas Jefferson, Harry Truman, and Barack Obama.
History of the Autopen
The use of the autopen dates back to the early 19th century, when Thomas Jefferson used an early version of the device. Other presidents, such as Harry Truman, Gerald Ford, and Lyndon B. Johnson, have also used the autopen to sign documents. In recent years, Barack Obama used the autopen to sign several pieces of legislation, including the Patriot Act and an appropriations bill, while he was overseas. Even Donald Trump has admitted to using the autopen, stating that he used it for "very unimportant papers".
Biden’s Use of the Autopen
Donald Trump has repeatedly attacked Joe Biden’s use of the autopen, claiming that it is invalid and that Biden’s aides have used the device without his approval. However, there is no evidence to support these claims, and Biden has defended his use of the autopen. In an interview with the New York Times, Biden stated that he made every decision and directed his staff to use the autopen on clemency warrants because "we’re talking about a whole lot of people". A Republican-led oversight committee released a report on Biden’s use of the autopen, but it did not include any concrete evidence to support Trump’s claims.
Trump’s Motivations
Trump’s attacks on Biden’s use of the autopen are part of a larger effort to question Biden’s cognitive state and ability to perform his presidential duties. Trump has repeatedly claimed that Biden’s cognitive state is impaired, and has used the autopen issue as evidence of this. The autopen claim has been heavily pushed by the Oversight Project, an extension of the Trump-allied rightwing thinktank Heritage Foundation. However, the report released by the Oversight Project did not include any evidence to support Trump’s claims, and was widely criticized as a partisan attack.
Can Trump Reverse Biden’s Decisions?
It remains unclear how Trump plans to undo the majority of Biden’s decisions, although presidents are legally allowed to reverse executive orders signed by their predecessors. However, the president does not have the authority to overturn his predecessor’s pardons, according to legal scholars who point to the constitution. Trump’s announcement that he will reverse everything that Biden has signed with an autopen has been met with skepticism, and it is unclear what legal basis he has for making such a claim. Nevertheless, the issue is likely to continue to be a point of contention between Trump and Biden, and may have significant implications for the presidency and the use of the autopen in the future.