Presidents have used autopens for decades. Now Trump objects to Biden’s use of one
For this week’s in the arena lightning round, we’re going to play smart or not smart. Look at some decisions and operations that have happened in politics over the last week or so and find out if our analysts think they’re smart or not smart. So issue one the main House of Representatives voted 74 to 69. Wednesday to direct the House Ethics Committee to investigate domestic violence allegations against Representative Lucas Lanigan of Sanford, *** Republican, and report back findings within *** month. Lanigan was also removed from *** committee by House Speaker Ryan Feo. Uh, were these moves smart or not smart, Ethan? Um, I think they had to do it. I thought it was disappointing that Republicans, um, didn’t support it at some level. This is pretty standard operating procedure. Look, I mean, the allegations came out *** week left in the election, and clearly there were hundreds of people in the district who had voted absentees. Before these allegations came out, so you can’t even sit back and say to yourself, the voters knew about this and they decided to put him like you could with Donald Trump, right? So they’ve put *** time limit on it, they put *** month they should look into it, try to find out um I I don’t know what action they should ultimately take you are innocent until proven guilty, but they had to do this. Yeah, I, I think it’s, it’s, uh, it’s gonna be *** very difficult. Month for the representative, but I think that, for the reasons you’ve just stated, then there’s always two sides to the conversation. It’ll be interesting to make sure that both sides have been looked at by those on the ethics committee. Issue 2, the Maine state Chamber of Commerce and Bath Iron Works filed *** lawsuit last week claiming that employers who offer paid family leave will be unfairly forced to pay into *** state program that their workers will not use. Starting this past January 1st, employers are required to pay into the system, which will be used to pay out the benefits beginning in. 26 for all companies with no approved leave program. That program will provide main workers with up to 12 weeks of paid leave and was was filing this lawsuit against the leave program as it exists, smart or not smart. Yeah, it’s smart. This is not going to be *** fun conversation, particularly for those who supported this legislatively, but Uh, we predicted that, some of us predicted this was coming because we just imposed another 1% tax on Mainers on their income. People are paying into this program that they’re not eligible to receive any benefits from and I think that’s the crux of the issue here between BIW and the main chamber is you’ve established *** new social program in which I’m being forced to pay into it, which I, I’m not eligible to receive any benefits from it. Well, they are eligible. The, the question is they might want an exemption, right? They might want to say I already provide this benefit, therefore I don’t need it. Everybody’s eligible for it. BIW Chamber of Commerce, and that’s the point of why you start paying now because what you don’t want to have happen is have businesses, uh, say, oh no, no, no, I’m not gonna pay and I’m not gonna need it, and then all of *** sudden on Tuesday decide I want the program and they’ve never paid into it. So is it smart or not smart? No, it’s not smart. Chamber of commerce was part of all of the rulemaking process. They actually shifted rules to their favor. They should have stepped up and said this is good for Maine people. And they should have said we’re we’re ready to move forward back to Washington for issue 3. President Biden granted *** wave of preemptive pardons in his final hours in office on Monday to protect members of his own family and other high profile figures from *** promised campaign of retribution by President Trump in an effort to derail political prosecutions by an oncoming president. Some of these affected offering uh protection to public servants carrying out their duties such as General Mark Milley, Doctor Anthony Fauci, and Congresswoman Liz Cheney from the January 6th Committee, but Biden also gave protective pardons to five members of his family, including two of his brothers. Ethan, is that smart or not smart? Maybe you look at it in two different categories. I, I do for sure. I mean, I offering that I was mixed about offering the preemptive ones to, uh, members of Congress and stuff. You know what *** sad day in America that we have *** president leaving office who has to be so concerned about an incoming president going after people who were doing their jobs and indeed issued executive orders almost instantly telling his Justice Department to start doing exactly what Joe Biden was worried he’s going to do. So although Donald Trump keeps saying, I want to end political prosecutions, he signed an executive order saying to them, I want you to start going after these people. So that part of it, I totally get his family stuff. It’s just, it’s, um, disappointing that he keeps going there being part of the family. There’s no evidence that they did anything wrong and I haven’t really seen them being gone after, so, uh, um, uh, that one feels *** little less smart. Yeah, I not smart at all. I think, you know, for you to accept *** pardon is an admission of guilt. Why would you need to be pardoned for something you claim you never did anything wrong? Uh, some of these pardons, particularly for family members, go back to 2014, over *** decade ago. Why this. Distance behind us to make sure that all of their crimes, if any, committed need to be pardoned. It makes no sense to the American people. But don’t you understand the sense of Donald Trump signing executive orders now saying he’s going to go after people? Don’t you think that you at least understand why he’s at least the members of Congress, why he’s issuing pardons to them? Trump just doesn’t like the prosecution. They ran against him. Well, in particular, General Mark Milley, the president has said he committed treason. Milly says of course he did he did because the Chinese government and says I’m going to make sure that the president’s actions aren’t implemented. That’s treason, so he should not have had *** pardon. He should be prosecuted for that. Why should he be pardoned if he didn’t do anything wrong? Well, but he got that he didn’t say he did anything wrong. The pardon was given to him, but why should Donald Trump be prosecuting him? That why are you focused on that piece as opposed to Donald Trump literally signed an executive order and said, I want you to go back in time and start looking at these people. Why, why would that be OK? Never, never in history has *** member of congress been prosecuted for leading an impeachment inquiry. There’s *** difference between prosecution and investigation. If you want to investigate, how did we get to this point? Who, who is responsible for the decisions and, and the direction of these investigations, who destroyed documents, if any, and present that to the public. That’s very different than saying that Pam Bondi, the new attorney general, presumably. I’m the president. You go get those people. I’m not hearing that. Well, I am, so let’s come back closer to home. Uh, Mayor is on the verge of eviction because they can’t afford rent may soon be limited to 3 months of general assistance housing support. The new limit proposed in Governor Mill’s supplemental budget, not supplemental budget or new budget is aimed at reining in costs and returning the program to its original mission of being *** short-term safety net. The Mills administration said limiting GA to 3 months of housing during *** 12 month period will realign the program to its statutory purpose of being *** time limited last resort program and enable it to operate within its baseline budget. Phil, is this limit on rental assistance smart or not smart? Yeah, very clearly what she’s saying is we’re running out of money in this area and I’m going to have to put these back to its original intent. Uh, in place that makes *** lot of sense on paper, but if the people who are getting these support aren’t able to go find employment because immigration restrictions, that’s *** very different dilemma for people to be in. Yeah, well, and, and these are all renters, right? These are native born Americans, native born minors, etc. Etc. So yeah, it’s not smart because you’re putting an artificial time limit on something when somebody could become homeless now if they don’t. I mean, look, people have their income and then you know your car breaks and most Mainers don’t have much savings, so *** very unfortunate and very not smart policy on behalf of Janet Mills.
Presidents have used autopens for decades. Now Trump objects to Biden’s use of one
Updated: 9:00 PM EDT Mar 17, 2025
President Donald Trump claimed Monday that pardons recently issued by Joe Biden to lawmakers and staff on the congressional committee that investigated the Jan. 6, 2021, Capitol riot have no force because, Trump says, the-then president signed them with an autopen instead of by his own hand.”In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump wrote on his social media site. Trump didn’t offer any evidence to support his claims. Nor did the White House.Trump asserted in his all-caps post that the pardons are void and have no effect in his estimation. But presidents have broad authority to pardon or commute the sentences of whomever they please, the Constitution doesn’t specify that pardons must be in writing and autopen signatures have been used before for substantive actions by presidents.A representative for Biden declined to comment.What is an autopen?An autopen is a mechanical device that is used to replicate a person’s authentic signature. A pen or other writing implement is held by an arm of the machine, which reproduces a signature after a writing sample has been fed to it. Presidents, including Trump, have used them for decades. Autopens aren’t the same as an old-fashioned ink pad and rubber stamp or the electronic signatures used on PDF documents.Why is it suddenly an issue?The Oversight Project at the conservative Heritage Foundation think tank recently said its analysis of thousands of pages of documents bearing Biden’s signature found that most were by autopen, including pardons. Conservative media have amplified the claims, which have been picked up by Trump. He has commented for several days running about Biden’s autopen use.Mike Howell, the project’s executive director, said in an interview that his team is scrutinizing Biden’s pardons because that power lies only with the president under the Constitution and can’t be delegated to another person or a machine. Howell said some of Biden’s pardon papers also specify they were signed in Washington on days when he was elsewhere.What does the law say?There is no law governing a president’s use of an autopen.A 2005 opinion from the Office of Legal Counsel at the Justice Department said an autopen can be used to sign legislation. Barack Obama became the first president to do so in May 2011 when he signed an extension of the Patriot Act. Obama was in France on official business and, with time running out before the law expired, he authorized use of the autopen to sign it into law.Much earlier guidance on pardons was sent in 1929 from the solicitor general — the attorney who argues for the United States before the Supreme Court — to the attorney general. It says “neither the Constitution nor any statute prescribes the method by which executive clemency shall be exercised or evidenced.”Has Trump used an autopen?Yes, but “only for very unimportant papers,” he said on Monday.He told reporters aboard Air Force One on Sunday night that, “we may use it, as an example, to send some young person a letter because it’s nice. 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.”Why is he singling out the Jan. 6 pardons?Trump remains angry at being prosecuted by the Justice Department over his actions in inspiring his supporters to go to the Capitol on Jan. 6, 2021, in an attempt to stop lawmakers from certifying Biden’s defeat of him in the 2020 election, though the case was dismissed after he won reelection. At the end of his term, Biden issued “preemptive pardons” to lawmakers and committee staff to protect them from any possible retribution from Trump.On whether pardons must be in writing or by the president’s own hand, the U.S. Court of Appeals for the Fourth Circuit has said the ”plain language of the Constitution imposes no such limitation.” Biden’s statement accompanying those pardons make clear they were official acts, said Carl Tobias, professor at the University of Richmond law school.Biden issued hundreds of commutations or pardons, including to members of his family, also because he feared possible prosecution by Trump and his allies.Trump vigorously used such powers at the opening of his presidency, issuing one document — a proclamation — granting pardons and commutations to all 1,500-plus people charged in the insurrection at the Capitol.How else do presidents use the autopen?Presidents also use an autopen to sign routine correspondence to constituents, like letters recognizing life milestones.During the Gerald Ford administration, the president and first lady Betty Ford occasionally signed documents and other correspondence by hand but White House staff more often used autopen machines to reproduce their signatures on letters and photographs.
President Donald Trump claimed Monday that pardons recently issued by Joe Biden to lawmakers and staff on the congressional committee that investigated the Jan. 6, 2021, Capitol riot have no force because, Trump says, the-then president signed them with an autopen instead of by his own hand.
“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump wrote on his social media site. Trump didn’t offer any evidence to support his claims. Nor did the White House.
Trump asserted in his all-caps post that the pardons are void and have no effect in his estimation. But presidents have broad authority to pardon or commute the sentences of whomever they please, the Constitution doesn’t specify that pardons must be in writing and autopen signatures have been used before for substantive actions by presidents.
A representative for Biden declined to comment.
What is an autopen?
An autopen is a mechanical device that is used to replicate a person’s authentic signature. A pen or other writing implement is held by an arm of the machine, which reproduces a signature after a writing sample has been fed to it. Presidents, including Trump, have used them for decades. Autopens aren’t the same as an old-fashioned ink pad and rubber stamp or the electronic signatures used on PDF documents.
Why is it suddenly an issue?
The Oversight Project at the conservative Heritage Foundation think tank recently said its analysis of thousands of pages of documents bearing Biden’s signature found that most were by autopen, including pardons. Conservative media have amplified the claims, which have been picked up by Trump. He has commented for several days running about Biden’s autopen use.
Mike Howell, the project’s executive director, said in an interview that his team is scrutinizing Biden’s pardons because that power lies only with the president under the Constitution and can’t be delegated to another person or a machine. Howell said some of Biden’s pardon papers also specify they were signed in Washington on days when he was elsewhere.
What does the law say?
There is no law governing a president’s use of an autopen.
A 2005 opinion from the Office of Legal Counsel at the Justice Department said an autopen can be used to sign legislation. Barack Obama became the first president to do so in May 2011 when he signed an extension of the Patriot Act. Obama was in France on official business and, with time running out before the law expired, he authorized use of the autopen to sign it into law.
Much earlier guidance on pardons was sent in 1929 from the solicitor general — the attorney who argues for the United States before the Supreme Court — to the attorney general. It says “neither the Constitution nor any statute prescribes the method by which executive clemency shall be exercised or evidenced.”
Has Trump used an autopen?
Yes, but “only for very unimportant papers,” he said on Monday.
He told reporters aboard Air Force One on Sunday night that, “we may use it, as an example, to send some young person a letter because it’s nice. 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.”
Why is he singling out the Jan. 6 pardons?
Trump remains angry at being prosecuted by the Justice Department over his actions in inspiring his supporters to go to the Capitol on Jan. 6, 2021, in an attempt to stop lawmakers from certifying Biden’s defeat of him in the 2020 election, though the case was dismissed after he won reelection. At the end of his term, Biden issued “preemptive pardons” to lawmakers and committee staff to protect them from any possible retribution from Trump.
On whether pardons must be in writing or by the president’s own hand, the U.S. Court of Appeals for the Fourth Circuit has said the ”plain language of the Constitution imposes no such limitation.” Biden’s statement accompanying those pardons make clear they were official acts, said Carl Tobias, professor at the University of Richmond law school.
Biden issued hundreds of commutations or pardons, including to members of his family, also because he feared possible prosecution by Trump and his allies.
Trump vigorously used such powers at the opening of his presidency, issuing one document — a proclamation — granting pardons and commutations to all 1,500-plus people charged in the insurrection at the Capitol.
Presidents also use an autopen to sign routine correspondence to constituents, like letters recognizing life milestones.
During the Gerald Ford administration, the president and first lady Betty Ford occasionally signed documents and other correspondence by hand but White House staff more often used autopen machines to reproduce their signatures on letters and photographs.
