Republicans thought they had their next scandal ready to go, a new report claiming that President Joe Biden’s end-of-term pardons are “void” because they were signed with an autopen. But the move quickly boomeranged, with Democrats turning the conversation toward Donald Trump’s own marathon of pardons and questioning whether he personally signed every one of them.
House Oversight Chair James Comer’s report accused Biden of using a machine to sign pardons, implying they weren’t legitimate. The claim has little legal backing, but it immediately made headlines on right-wing outlets. Comer called Biden’s autopen use “a constitutional concern,” adding that he would push for a Justice Department review.
Democrats were quick to call the report ridiculous. Senator Adam Schiff, who received a Biden pardon connected to his work on the January 6 Committee, told Raw Story that if Republicans want to scrutinize presidential pardons, they should start with Trump. “I hope [the report] will be an analysis by Republicans of Trump’s pardon of 1,550 people,” Schiff said. “He must have a very fast hand to have signed all those, so I look forward to Comer announcing that investigation.”
Senator Chris Coons agreed, noting that presidents from both parties have used autopens for years. “Are they gonna go examine all the pardons that Trump did of the January 6 rioters?” Coons asked. “Do you think he actually sat down and signed every single one of those? I’d be happy to have them review those.”
There’s good reason to doubt Comer’s claim. A 2005 Justice Department memo explicitly allows presidents to use autopens or direct subordinates to affix their signatures. “The President need not personally perform the physical act of affixing his signature,” the memo states. “Rather, the President may sign a bill… by directing a subordinate to affix the President’s signature, for example by autopen.”
In other words, using an autopen doesn’t invalidate anything, and it’s been standard practice for decades. Former presidents, including George W. Bush, Barack Obama, and even Trump himself, have relied on autopens to keep up with the flood of official paperwork that crosses their desks.
Still, Republicans are using the moment to feed a larger narrative about Biden’s competence. Senator Rick Scott said the issue “deserves an investigation” and suggested the public “cares about whether all the autopen is legal or not.” Senator Ron Johnson went even further, saying his committee is interviewing “constitutional officers” to find out “who was in charge.”
Democrats dismissed the spectacle as political theater. Senator Mazie Hirono called it “really disturbing” that Republicans are trying to “negate things that were signed and settled into law,” while ignoring Trump’s use of pardons for his allies.
As the shutdown drags on and Congress remains paralyzed, Comer’s report is mostly serving as a distraction, and perhaps as unintentional comedy. If anything, it’s reminded Americans that presidents have long used mechanical pens to sign documents, and that some political scandals really do write themselves.
Democrats seem content to let the irony write the final line after all, Trump’s own signature may have been stamped just as fast.
