Identical autopen signatures raise questions
Dozens of executive orders signed by former President Joe Biden were found to have identical autopen signatures, raising concerns about whether he was fully aware of the documents he was authorizing, according to critics.
The Heritage Foundation’s Oversight Project uncovered the issue, leading Republican Missouri Attorney General Andrew Bailey to suggest that this could be grounds to challenge the legitimacy of some executive orders signed by the 82-year-old former president, particularly given concerns about his cognitive state.
“I am demanding the DOJ investigate whether President Biden’s cognitive decline allowed unelected staff to push through radical policy without his knowing approval,” Bailey said.
“If true, these executive orders, pardons, and all other actions are unconstitutional and legally void.”
Key executive orders signed using autopen
Among the orders allegedly signed by autopen was an August 2022 directive aimed at protecting abortion access during emergencies, according to Heritage Foundation findings.
Another example cited was a December 2024 order declaring January 9, 2025, a federal holiday in honor of the late President Jimmy Carter.
Signature analysis and findings
A brief review conducted by The Post compared signatures from executive orders signed by Biden, Trump, and Obama during their presidencies. While each president’s signature remained consistent, Heritage Foundation’s deeper analysis suggested that all of Biden’s official documents carried the exact same autopen signature—except for his announcement withdrawing from the 2024 presidential race.
Biden’s signature on executive orders appeared identical, but his withdrawal letter showed slight variations, such as the omission of “Jr.” at the end of his name, which was instead written as “J.R. Biden.”
How often did Biden use autopen?
Though Biden was frequently seen signing documents in public, the extent of his use of autopen remains unclear. The White House has not provided clarification, and Biden’s representatives did not respond to requests for comment.
Critics claim Biden’s staff controlled the presidency
The Oversight Project took a jab at Biden’s cognitive state, stating that “whoever controlled the autopen controlled the presidency.”
Concerns over Biden’s mental sharpness were a recurring issue throughout his presidency. At 82 years old, Biden was the oldest president in U.S. history, though Trump, at 78, is set to surpass him.
Biden’s public appearances often drew scrutiny, with frequent verbal missteps, moments of confusion, and altered travel routines, including his shift to a shorter staircase when boarding Air Force One.
His performance in the June 2024 presidential debate against Trump—where he appeared stone-faced, with a raspy voice and frequent lapses in thought—led to a surge of Democratic opposition, ultimately forcing his withdrawal from the 2024 race within three weeks.
Legal concerns over autopen use
Missouri Attorney General Andrew Bailey wrote to the DOJ’s watchdog, arguing that Biden’s staff and political allies may have exploited his mental decline to issue executive actions without his direct knowledge.
Bailey cited claims by House Speaker Mike Johnson (R-La.), who alleged that Biden privately forgot about an executive order he had signed regarding natural gas policy.
The use of autopen by presidents has long been debated. Former President George W. Bush had the Justice Department review its legality, but ultimately chose not to use it due to concerns about potential legal challenges.
However, his successor, Barack Obama, used autopen to sign key legislation, including a 2013 fiscal cliff compromise bill.
