American presidents have been using the autopen, a device that reproduces their signature, for decades to manage the sheer volume of paperwork. While it saves time, its use has been called into question on legal and moral grounds. The latest controversy revolves around former President Joe Biden employing the autopen to sign pardons for political figures, making them null and void.
What Is an Autopen?
The autopen, invented in 1803, allows for precise duplication of signatures. One was even admired by President Thomas Jefferson, and in the mid-20th century, the autopen was being utilized by robotic means in the government. President Harry Truman first used it, at first for ceremonial documents. Its use eventually extended to official government documents.
Presidential Use of the Autopen
The autopen was first introduced to the public eye in 1968 when President Lyndon B. Johnson allowed its photograph to be taken. In 2005, the Justice Department issued a statement that a president can tell an autopen to sign a bill, provided that they personally made the decision. President Barack Obama was the first to use an autopen when he signed a bill in 2011 remotely using it. He also used it for pardons. Trump admitted to using an autopen but stated it was only for unnecessary paperwork.
Biden’s Use of the Autopen
The current controversy began when Trump attacked Biden’s pardons issued in December 2024 and January 2025 as autopen-signed and therefore invalid. The Heritage Foundation pointed out that the executive orders signed by Biden appeared to have the same signature. However, the Office of the Federal Register clarified that it uses a single digital signature template for all presidents, including Trump. Biden has openly acknowledged signing the autopen once in May 2024 for a short-term funding bill. However, the failure to be transparent regarding its usage for pardons has fueled speculations.
Are Autopen-Signed Pardons Legal?
While the use of an autopen for a law has been contentious, pardons by the president have even fewer restrictions. A 1929 Justice Department opinion confirmed that there is no specific form that must be utilized to grant clemency. In 2024, a federal court ruled that a pardon does not even need to be written.
The autopen is still a contentious tool of the presidency, raising questions about transparency and executive power. Although courts have upheld its legitimacy, future legal challenges could affect its use. For now, it continues to blend historical precedent with the demands of modern governance.
