Senate GOP Push for Biden's Autopen Records as Evidence for His Consent

Wednesday's hearing comes after President Donald Trump's memorandum that directed an investigation into who ran the country while Biden was in office.
Published: 6/18/2025, 5:27:47 PM EDT
Senate GOP Push for Biden's Autopen Records as Evidence for His Consent
President Joe Biden speaks as he participates in the first presidential debate of the 2024 elections with former president and Republican presidential candidate Donald Trump at CNN's studios in Atlanta, Ga., on June 27, 2024. (Andrew Caballero-Reynolds/AFP via Getty Images)

Senate Republicans on Wednesday pushed for records to be released that prove former President Joe Biden gave his personal consent to authorize the use of autopen.

The Senate Judiciary Committee held a hearing on Biden's mental acuity amid concerns about his cognitive decline while in office.

There should be records to indicate that the president authorized the use of autopen and personally consented to it, according to Theodore Wold, former deputy assistant to President Donald Trump.

"None of that has come forward," Wold testified. "That'd be very easy to dispel some of these concerns."

Those records should be held by the staff secretary's office for the former president, Wold added.

Former White House press secretary Sean Spicer and law professor John Harrison also testified.

Sen. Josh Hawley (R-Mo.) called on Biden and his staff to provide the documents, threatening subpoenas if they refuse to do so.

"If what you did is legal, and if you're really not embarrassed about it, and if you think it was totally constitutional, release the paper flow," Hawley said. "Show us the documents which show the president authorized the use of the pen for every single pardon and clemency and stay application."

The Justice Department under Democrat and Republican administrations has recognized the use of an autopen to sign legislation and issue pardons for decades. No evidence yet has been presented that Biden was unaware of the actions taken in his name. Furthermore, the president’s absolute pardon power is enshrined in the U.S. Constitution.
Biden earlier this month dismissed the accusations.
"Let me be clear: I made the decisions during my presidency," he said in a June 5 statement. "I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false."
Wednesday's hearing follows Trump's June 4 memorandum that directed an investigation into who ran the United States while Biden was in office.

“This conspiracy marks one of the most dangerous and concerning scandals in American history,” Trump wrote in the memo. “The American public was purposefully shielded from discovering who wielded the executive power, all while Biden’s signature was deployed across thousands of documents to effect radical policy shifts.”

Concerns over Biden's mental fitness for office were further fueled after his June 2024 debate with Trump.

Sen. Ted Cruz (R-Texas) said Biden's words were "confused and disjointed" during the debate. Shortly after his debate performance, Biden dropped out of the presidential race following pressure from the Democratic Party to withdraw.

"Not a single Democrat is here today because not a single one of them gives a damn about the fact that they lied to the American people for four years," Cruz said. "They knew, every one of them knew, that Joe Biden was mentally not competent to do the job."

Cruz played video clips during Wednesday's hearing, which showed Democrat lawmakers defending the former president and describing him as mentally sharp.

Meanwhile, Democrats have long warned about taking the bait of the GOP's accusations, calling it a distraction from Trump's policies.

None of Biden's former staffers testified during Wednesday's hearing. The House Oversight Committee, however, has subpoenaed several of his ex-staffers, including the White House doctor who has been ordered to testify on June 27.

The Associated Press contributed to this report.