In a memo issued Wednesday to White House Counsel and Attorney General Pam Bondi, Trump directed his administration to determine whether individuals “conspired to deceive the public about Biden’s mental state” and “unconstitutionally exercised the authorities and responsibilities of the President.”
“In recent months, it has become increasingly apparent that former President Biden’s aides abused the power of Presidential signatures through the use of an autopen to conceal Biden’s cognitive decline and assert Article II authority,” Trump stated in the memo.
“This conspiracy marks one of the most dangerous and concerning scandals in American history.”
The investigation, according to the memo, will scrutinize whether Biden was aware of or capable of making executive decisions during his final years in office. It will also examine the legality of potentially thousands of presidential documents bearing Biden’s signature — including family pardons and acts of clemency for dozens of convicted murderers.
Scope of the Investigation
The probe, ordered “to the extent permitted by law,” will focus on:
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Use of the autopen to sign official documents on Biden’s behalf.
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Whether Biden’s cognitive and physical health was knowingly concealed.
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The authenticity of recorded video messages purportedly showing Biden.
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The legality of executive actions taken under his name, especially in the final two years of his term.
If confirmed, Trump argues, such actions would amount to an “unconstitutional wielding of presidential power” with serious implications for the validity of numerous executive orders, proclamations, and pardons.
“Given clear indications that President Biden lacked the capacity to exercise his Presidential authority, if his advisors secretly used the mechanical signature pen... that would constitute an unconstitutional wielding of the power of the Presidency,” Trump wrote.
Biden Responds
Former President Joe Biden issued a written statement in response, strongly denying the allegations:
“Let me be clear: I made the decisions during my presidency... Any suggestion that I didn’t is ridiculous and false,” Biden stated, calling the investigation a distraction from GOP efforts to cut programs like Medicaid and push tax breaks for the wealthy.
Congressional and DOJ Inquiries Also Underway
In addition to the White House-ordered probe, multiple investigations are already in motion:
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Department of Justice pardon attorney Ed Martin reportedly instructed staff on Monday to evaluate Biden’s mental competence in relation to the use of the autopen.
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The DOJ will focus on pardons issued to five Biden family members, including Hunter Biden and several siblings, as well as the commutations of 37 federal death row inmates in December 2024.
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In Congress, House Oversight Committee Chairman James Comer (R-Ky.) is leading a separate investigation into Biden’s competency.
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Senators Eric Schmitt (R-Mo.) and John Cornyn (R-Texas) have announced plans to hold a Senate hearing next month on Biden’s mental state.
Last month, Pardon Attorney Martin emphasized that while the presidential pardon power is absolute, instances involving the use of the autopen “require additional scrutiny.”
The investigation represents one of the most politically sensitive legal undertakings in recent history, with potential ramifications for executive accountability, the separation of powers, and public trust in presidential authority.
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