Trump doesn’t use autopen for legally binding documents, unlike Biden, White House says
The White House maintains that President Donald Trump does not use an autopen to sign legally binding documents like pardons — after Trump accused former President Joe Biden of having used the mechanical device to sign such documents.
A White House official confirmed to Fox News Digital Tuesday that the Trump administration’s official policy during both his terms has been to use Trump’s hand signature on every legally operational or binding document.
Trump told reporters on Air Force One Sunday that while he uses an autopen for correspondence, it’s shameful to use one when signing documents such as pardons.
"We may use it, as an example, to send some young person a letter because it’s nice," Trump said. "You know, we get thousands and thousands of letters, letters of support for young people, from people that aren’t feeling well, etcetera. But to sign pardons and all of the things that he signed with an autopen is disgraceful."
TRUMP CLAIMS BIDEN PARDONS ARE ‘VOID,’ ALLEGING THEY WERE SIGNED VIA AUTOPEN
Trump also claimed on Sunday that the courts must decide whether Biden's use of an autopen for executive orders and pardons means they are void.
An autopen is a device that physically holds a pen and is programmed to replicate a person’s signature. The Justice Department’s Office of Legal Counsel determined in 2005 that the president is permitted to use an autopen to sign bills into law, and the U.S. Court of Appeals for the Fourth Circuit issued a ruling in February that said the absence of "a writing does not equate to proof that a commutation did not occur."
"The constitutional text is thus silent as to any particular form the President’s clemency act must take to be effective," the circuit court said in its opinion.
Trump raised the issue of Biden utilizing an autopen to sign pardons — including some for lawmakers who served on the House Select Committee to investigate the Jan. 6 Capitol riot — in a social media post on Sunday. Trump claimed in the post that the pardons were "VOID" and accused Biden of not having knowledge of their signing.
"In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them! The necessary Pardoning Documents were not explained to, or approved by, Biden. He knew nothing about them, and the people that did may have committed a crime," Trump said in his post.
A spokesperson for Biden did not provide comment on the record to Fox News Digital.
On March 6, the Oversight Project with conservative think-tank The Heritage Foundation released a report claiming that it conducted an analysis of Biden documents, and found that a majority of documents signed during his administration used an autopen.
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"Our findings suggest widespread use of an autopen to sign clemency warrants throughout the Biden Presidency," the Oversight Project said in a memo released March 17. "This apparent use raises concerns about: whether President Biden personally authorized each official act; whether or which unelected staff controlled the autopen device; and whether they acted with his approval."
On Trump’s inauguration day, Biden signed pardons for the former chair of the Joint Chiefs of Staff, retired Gen. Mark Milley, whom Trump has accused of committing treason, as well as those involved in the Jan. 6 Select Committee investigation that conducted a probe into the attack.
Trump historically has railed against the select committee, and was indicted in August 2023 for attempting to overturn the 2020 election results that culminated in the attack on the Capitol. However, special counsel Jack Smith dropped the case against Trump in November 2024 after Trump won the presidential election.
The Associated Press contributed to this report.