A growing number of House Republicans are raising red flags over what they’re calling a “scandal of accountability” involving more than a thousand commutations and pardons signed by President Joe Biden at the end of his term—many reportedly using an autopen rather than his own hand.
The concern: Who was really in charge of those decisions?
The New York Times previously reported that a significant number of late-stage clemency orders bore autopen signatures, and while Biden claimed to have personally approved every decision, GOP lawmakers aren’t buying it. Especially not after learning that some of the paperwork was finalized well after 10:30 p.m.—long past Biden’s self-declared bedtime.
Ways & Means Chairman Jason Smith (R-Mo.) led the charge, demanding clarity. “Was it Joe Biden? Or was it some staffer that used an autopen?” he asked. “Americans deserve accountability of their leaders.”
The use of autopen is legal in some cases and has been used by prior presidents, including Trump. But this case involves more than 1,500 pardons and commutations—some affecting high-profile individuals, including Hunter Biden.
Rep. Mark Messmer (R-Ind.) questioned the legitimacy of any decisions made late at night, saying actions “initiated at 10:45 p.m., well beyond the president’s normal day of cognitive activity, need to be brought into question.” That statement tracks with Biden’s own admission during the 2024 campaign that he stopped scheduling evening events due to exhaustion.
More lawmakers echoed the alarm. Rep. Brandon Gill (R-Texas) emphasized that Americans want to know “who was in control of those signatures.” Rep. Andrew Clyde (R-Ga.) took it further, calling for prosecution of anyone who may have overstepped constitutional bounds. And Rep. John McGuire (R-Va.) floated the possibility of courts nullifying some of the pardons if they’re found to have been improperly executed.
At the center of this growing firestorm is the House Oversight Committee, chaired by Rep. James Comer (R-Ky.), which is already probing the use of autopen and possible efforts to conceal Biden’s cognitive decline. Former White House Chief of Staff Ron Klain is expected to testify in a transcribed interview this week.
The concern isn’t just over process—it’s over perception. As Rep. Blake Moore (R-Utah) put it, “What’s done is done, but it’s also good to highlight to the American people, okay, you were in some cases lied to.”
Critics say the probe is political theater, but GOP lawmakers counter that the public has a right to know who was wielding the pen—or pressing the button—as the president of the United States.
And with Biden now out of office, the investigation isn’t just about cleaning up the past—it’s about safeguarding future administrations from similar controversies.
The office of former President Biden has not commented publicly, but it’s unlikely this issue will fade quietly. With the Oversight Committee’s investigation underway and the potential for legal challenges ahead, the Biden autopen saga could be far from over.