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The Biden Autopen Controversy: A Comprehensive Examination of Pardons, Power, and Political Intrigue

The Biden Autopen Controversy: A Comprehensive Examination of Pardons, Power, and Political Intrigue

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Lawfare
Jun 27, 2025
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The Biden Autopen Controversy: A Comprehensive Examination of Pardons, Power, and Political Intrigue
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In recent months, a firestorm of debate has engulfed the administration of former President Joe Biden, centered on his alleged use of an autopen to issue pardons—most notably, the pardon granted to his son, Hunter Biden.

We explorethis unfolding controversy, covering the mechanics of the autopen, the unique circumstances of Hunter Biden’s pardon, the team orchestrating its use, and the broader legal and political ramifications. We’ll also address claims about Biden’s cognitive decline, the legitimacy of his presidency, and the potential for these pardons to be nullified, either by the Supreme Court or current President Donald Trump, while examining the political theatre at play.

Understanding the Autopen: A Tool Under Scrutiny

An autopen is a mechanical device designed to replicate an individual’s signature, allowing documents to be signed without the person’s physical presence. Presidents and other public figures have employed autopens for decades to manage the sheer volume of paperwork they face. However, its use in issuing pardons under Biden has ignited a fierce controversy, raising questions about legality, intent, and consent.

Historically, the autopen’s use has been uncontroversial when explicitly authorized. A 2005 Justice Department memo affirmed that a president need not physically sign a bill for it to become law, explicitly endorsing the autopen as a valid method—provided the president directs its use. The crux of the current debate lies in whether Biden knowingly authorized the autopen for his pardons or if it was wielded by others without his consent.

Hunter Biden’s Pardon: The Exception That Fuels the Fire

Among the pardons issued during Biden’s tenure, the one granted to his son, Hunter Biden, stands apart. Reports from the Oversight Project, a division of the conservative Heritage Foundation, allege that Biden relied on an autopen for “nearly every document we could find” throughout his presidency. Yet, Hunter’s pardon deviates from this pattern. Unlike the uniform signatures produced by the autopen on other pardons, Hunter’s pardon bears a manual signature—described as “shaky”—suggesting Biden signed it himself.

This distinction has sparked intense speculation. Why was Hunter’s pardon handled differently? Was it a deliberate choice to lend it greater legitimacy amid anticipated scrutiny, or does it reflect Biden’s personal involvement in a way other pardons lacked? The contrast has only deepened public and political suspicion about the processes behind these executive actions.

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