'Presidential incapacity': Senate Republicans seek paper trail of Biden's autopen use

Sen. Eric Schmitt requested access to Biden-era autopen usage records, citing concerns about mental decline and questions about the validity of executive orders and pardons.

Neera Tanden, the former director of Biden's Domestic Policy Council, testified for more than five hours Tuesday behind closed doors as part of House Republicans' investigation into the former president's mental acuity and his use of an automatic signature tool. (Getty Images)

"In particular, the increased use of the autopen to sign pardons, executive orders, and other documents as his Presidency progressed became a poignant symbol of President Biden’s mental decline and has created questions about the validity of those orders and pardons if President Biden did not direct the use of the autopen," he wrote.

Schmitt requested access to a slew of documents, including memos about procedures for usage of the autopen, who was granted authority to use the autopen and emails from staff authorizing or requesting authorization for autopen usage.

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President Donald Trump speaks with reporters while flying aboard Air Force One en route from Calgary, Canada, to Joint Base Andrews, Maryland, late Monday, June 16, 2025.  (AP Photo/Mark Schiefelbein)

It also explicitly mentions the closed-door, transcribed hearing with Biden’s former director of the Domestic Policy Council, Neera Tanden, conducted by the House Oversight Committee this week.

A source told Fox News Digital that during the transcribed interview, which lasted five hours, Tanden testified she had "minimal interaction with President Biden" in her role as staff secretary and that to obtain autopen signatures, she would send decision memos to members of Biden’s inner circle.

She said during the interview she was not aware of what actions or approvals happened between the time the memo was sent out and returned with approval.

However, Tanden's opening statement, shared with Fox News Digital by her lawyer, Michael Bromwich, said that, as staff secretary, she was responsible for "handling the flow of documents to and from the President" and that she was authorized to direct that autopen signatures be "affixed to certain categories of documents."

"We had a system for authorizing the use of the autopen that I inherited from prior Administrations," Tanden said. "We employed that system throughout my tenure as Staff Secretary."

She was later named director of Biden's Domestic Policy Council and said she was no longer responsible for the flow of documents and was no longer involved in decisions related to the autopen. 

"I would note that much of the public discussion on the subject matter of this hearing has conflated two very different issues: first, the president’s age and second, whether President Bident was in command as President," she said. "I had no experience in the White House that would provide any reason to question his command as President. He was in charge."   

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Schmitt requested that access to the swathe of memos and communications be granted no later than July 16.

"It is important for this subcommittee to have a clear picture of President Biden’s decision-making capacity at the end of his presidency and to know the extent to which members of his inner circle possibly usurped the President’s decision-making authority," he wrote.

Fox News Digital's Liz Elkind contributed to this report. 

Alex Miller is a writer for Fox News Digital covering the U.S. Senate.

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