The US president wants to know who controlled the autopen, and whether there was a conspiracy to artificially portray his predecessor as fit for office
President Donald Trump has ordered a sweeping investigation into his predecessor’s administration, directing the Department of Justice to examine whether unelected aides effectively governed the country during Joe Biden’s presidency.
The probe into Biden’s final acts in office will scrutinize the use of autopen signatures on official documents, including the commutation of 37 death sentences and pardons granted to family members and political allies, according to an executive directive published by the White House on Wednesday.
“Given clear indications that President Biden lacked the capacity to exercise his Presidential authority, if his advisors secretly used the mechanical signature pen to conceal this incapacity, while taking radical executive actions all in his name, that would constitute an unconstitutional wielding of the power of the Presidency,” Trump’s order stated.
The investigation centers on allegations that Biden’s cognitive decline allowed staffers to make key decisions without his direct input. Investigators have been tasked with determining whether there was a coordinated effort within the Biden administration to conceal the president’s health issues from the public, including possible conspiracies to suppress evidence of cognitive decline and to artificially portray him as fit for office.
Trump has previously accused Biden’s senior aides of potentially committing “treason at the highest level” if they exploited his predecessor’s alleged cognitive decline to implement policies he may not have personally supported. The Justice Department investigation aims to determine whether all executive actions were authorized by Biden himself. Attorney General Pam Bondi and White House Counsel David Warrington have been tasked with leading the inquiry.
Trump’s critics have claimed that the probe is politically motivated and lacks substantive evidence, while legal experts note that the use of autopen for presidential signatures is legally permissible and has been used by multiple previous administrations. The Trump administration maintains that the device has never been employed to this extent.
The issue of Biden’s health – and his cognitive abilities in particular – was thrust into the national spotlight during his reelection campaign last year, when critics highlighted the veteran politician’s unsteady gait, apparent memory lapses, and difficulty articulating his thoughts. Matters came to a head after a disastrous debate against Trump in June 2024, after which a growing number of Democrats called on him to withdraw from the race. Biden formally stepped down the following month.
Last month, Biden’s office revealed that he had been diagnosed with an “aggressive form” of prostate cancer. Many commentators, including Trump, alleged that the illness had developed over several years and that Biden’s inner circle deliberately withheld the diagnosis from the public. US Senator Ron Johnson, who chairs the Homeland Security investigative subcommittee, has launched a separate probe into a potential cover-up relating to the former president’s health.
