How many Biden actions were autopen-signed, and how many could be overturned?

The short answer to the above question is that we don’t know, as no one has produced a verified count. The Republican-led House Oversight Committee’s new ‘autopen presidency’ report alleges “numerous” Biden executive actions – especially clemency – were signed via autopen and should be deemed void unless the White House can show contemporaneous proof of Biden’s authorization. But the report does not quantify how many documents were autopen-signed, nor does it publish a master list. It instead asks DOJ to review all Biden-era executive actions (2021–2025).

Has autopen been used by other presidents?

Legally, autopen use by a president isn’t novel, and by itself isn’t disqualifying. The Justice Department’s Office of Legal Counsel concluded in 2005 that a president may direct a subordinate to affix his signature (e.g., by autopen) to sign a bill.

That opinion underpins later practice, including President Obama’s 2011 autopen bill signing. The key is presidential decision and authorization, not the physical act of pen-to-paper.

Can pardons be autosigned?

For pardons, the constitutional bar is similar: the power is personal to the president, but courts haven’t required wet-ink signatures. AP’s roundup notes longstanding presidential autopen use and cites guidance that clemency need not follow a specific form; the critical vulnerability would be proof that Biden didn’t actually approve specific acts.

That would require case-by-case evidence, not a blanket presumption. Mass invalidation looks improbable without such proof and would invite complex standing and due-process fights for recipients who relied on final executive acts.

So, given that only actions shown to lack Biden’s authorization are plausibly vulnerable – and then only through litigation or DOJ action one by one – we’re going to have to wait and see how impactful this actually proves to be. Some initial reactions have even suggested this is more distraction to take up news headlines, instead of focusing on some of Donald Trump’s other problems: the economy, Epstein, polls... take your pick.

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