Use of Autopen for Executive Orders
The Oversight Project has been investigating the Biden White House’s use of autopen to affix President Biden’s signature on important presidential documents. We previously uncovered that the Biden White House used an autopen to sign 36 out of 51 clemency warrants that granted pardons or commutations to thousands of people. We found that the most controversial acts of clemency at the end of the Biden Presidency, including the preemptive pardons of Dr. Anthony Fauci, General Mark Milley, Sen. Adam Schiff, Members of the January 6 Committee, and members of the Biden family, as well as the commutations of 37 out of 40 inmates on federal death row were all signed with an autopen. While the use of the autopen raises profound legal questions, our investigation was not confined to legality alone. Rather, it also focused on whether unusual and frequent use of the autopen provided evidence indicating that as President Biden’s obvious cognitive decline increased, others were actually running the Country in his name.
Our investigation continues. This post examines the Biden White House’s use of the autopen to sign Executive Orders. Our findings are alarming. Analysis of Executive Order signatures adds additional data points showing an increased use of the autopen as President Biden’s mental and physical decline accelerated.
We have identified June 13, 2022 as an important date in this investigation. It is the first time the Biden White House first used the autopen to affix President Biden’s signature on a pardon. Following that date, the Biden White House’s use of the autopen for these records exploded. Any investigation by Congress or another authority should focus on the President’s mental and physical health around that time period.
The Autopen Presidency is Born: June 13, 2022
President Biden appears to have wet signed every Executive Order and clemency warrant during the first year and a half of his presidency. We have found that the Biden White House auto penned their first clemency warrant on June 13, 2022—a prison sentence commutation for Brittany Krambeck—and auto penned their first Executive Order on July 15, 2022.
The late spring/early summer 2022 marked a departure from the prior practice of President Biden affixing his wet signature to both Executive Orders and clemency warrants. What happened around this time to cause a dramatic departure from prior practice? We do not know and that is precisely why a comprehensive investigation is essential. We do, however, have several relevant data points.
- Around this time President Biden suffered several notable gaffes in public appearances.
- A review of publicly available information reveals no medical diagnosis that would cause the sudden use of the autopen (such as an ailment making it extraordinarily painful and impracticable for President Biden to sign his name).
- Although the use of the autopen is not a routine administrative matter, there is no staff change that would explain a switch to routine autopen use.
- We are unaware of any legal guidance provided by the Department of Justice or White House Counsel that would alter when the autopen was used. We have pending FOIA Requests at the Department of Justices’ Office of Legal Counsel further probing this issue.
From July 15 forward, every executive order issued in 2022 was signed using the autopen, effectively abandoning wet signatures for the remainder of the year and much of the remainder of the President’s term. This trend persisted into 2023, with 16 out of 24 executive orders (66.67%) bearing autopen signatures. Surprisingly, it was not until April 18, 2023, that a wet signature reappeared, breaking a nearly year-long streak of exclusive autopen use. The reliance on the autopen only grew in the latter half of Biden’s term, with 73.68% of Executive Orders in 2024 and a staggering 100% in 2025 signed by autopen. Moreover, 11 out of 13 (84.6%) of the total Executive Orders signed with a wet signature after July 15, 2022 were signed at live events.
Year | Signed with Autopen | Total Executive Orders | Percent Signed with Autopen |
2021 | 0 | 78 | 0% |
2022 | 14 | 29 | 48.28% |
2022 (Jul.15 on)* | 14 | 14 | 100% |
2023 | 16 | 24 | 66.67% |
2024 | 14 | 19 | 73.68% |
2025 | 14 | 14 | 100% |
Our comprehensive listing of Biden White House Executive Orders with accompanying analysis can be found here.
A Disturbing Pattern: Autopen Used while Biden was in Washington, D.C.
Perhaps most concerning is the context of this autopen usage. The Oversight Project found that a significant majority of these autopen signed orders were issued on days when President Biden was physically present in Washington, D.C. Specifically:
- 87.71% of autopen-signed Executive Orders in 2022 occurred on days when President Biden was in D.C.
- 75% in 2023
- 57.14% in 2024
- 78.57% in 2025
This raises serious questions about why the autopen was used so frequently when the President was readily available to sign these critical documents personally. Indeed, on multiple occasions the President affixed his wet signature to a Bill the same day the autopen was used on an Executive Order.
Date | Wet Signature (Public Laws) | Autopen Signature (Executive Order) |
August 3, 2022 | PL 117-162 through 117-164 | EO 14079 |
September 30, 2022 | PL 117-179 through 117-183 | EO 14084 |
December 13, 2022 | PL 117-228 | EO 14089 |
December 23, 2022 | PL 117-263 and 117-264 | EO 14090 |
December 21, 2023 | PL 118-28 through 118-30 | EO 14113 |
December 22, 2023 | PL 118-31 | EO 14114 |
November 21, 2024 | PL 118-107 | EO 14128 |
December 23, 2024 | PL 118-159 through 118-209 | EO 14132 |
As the table above shows, there were several occasions where multiple Bills were hand signed on the same day an Executive order was auto penned. In total, President Biden affixed his wet signature to 51 Bills on the same day an Executive Order was signed with the autopen.
The autopen, historically reserved for situations where the President is unavailable or abroad, appears to have become the default method, even when President Biden was steps away from (or in!) the Oval Office and when he hand signed Bills the same day.
Politically Charged Executive Orders and the Autopen
Our investigation highlights several Executive Orders that are particularly concerning due to their political weight. These orders, all signed with the autopen, address sensitive issues such as national security, public health, and military justice. Below are key examples:
- Executive Order 14097: Combating International Drug Trafficking (April 27, 2023)
This order authorized the activation of the Ready Reserve of the Armed Forces to address international drug trafficking, expanding emergency powers to combat a national security threat. - Executive Order 14098: Sanctions on Sudan (May 4, 2023)
This order imposed sanctions on individuals destabilizing Sudan, addressing threats to U.S. national security and foreign policy. - Executive Order 14114: Countering Russian Aggression (December 22, 2023)
This order expanded sanctions targeting Russia’s military-industrial base and financial institutions, amending prior orders to counter Russian aggression. - Executive Order 14118: Terminating the Zimbabwe Emergency (March 4, 2024)
This order revoked a national emergency regarding Zimbabwe, acknowledging ongoing concerns about violence and corruption while lifting sanctions. - Executive Order 14122: Public Health Preparedness (April 12, 2024)
Focused on COVID-19 and public health, this order transferred responsibilities to the Office of Pandemic Preparedness and Response Policy (OPPR) and revoked COVID-19-related orders. - Executive Order 14130: Amending the Manual for Courts-Martial (December 20, 2024)
This order updated the Manual for Courts-Martial to align with legislative changes, including randomized selection of court-martial members.
The Oversight Project’s findings on the Biden administration’s heavy autopen use for executive orders, especially politically charged ones affecting rights, raise serious questions about who was exercising Presidential authority. Given President Biden’s clear cognitive decline, the frequent use of the autopen—often while he was in Washington, D.C.—raises additional questions that should be investigated.