'Presidential incapacity': Senate Republicans seek paper trail of Biden's autopen use
By Alex Miller
Published June 26, 2025
FIRST ON FOX: Senate Republicans want to build a paper trail of former President Joe Biden's autopen usage with the end goal of calling more hearings, passing legislation or amending the Constitution to best address "a mentally incapacitated president."
Sen. Eric Schmitt, chair of the Senate Judiciary Subcommittee on the Constitution, is requesting special access under the Presidential Records Act to a trove of Biden-era documents and memos that chronicle his usage of an autopen.
In a letter to Secretary of State and Acting National Archivist Marco Rubio exclusively obtained by Fox News, Schmitt argued that creating a paper trail of key directives made toward the end of his presidency would help in "deciding which legislative remedy is most appropriate."
TOP BIDEN AIDE ADMITS TO CONGRESS SHE DIRECTED AUTOPEN SIGNATURES WITHOUT KNOWING WHO GAVE FINAL APPROVAL
"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.
SENATE HEARING ON WHO WAS 'REALLY RUNNING' BIDEN WHITE HOUSE KICKS OFF WEDNESDAY
He also requested access to all White House records after Nov. 1, 2024, that refer or relate to presidential pardons; that prioritize briefing books, memos and decision memos for pardons; and, eventually, access to all White House records after Nov. 1.
"With that information, the subcommittee will be better positioned to ensure that any potential proposed amendment will be sufficiently comprehensive so as to address any plausible contingency concerning a mentally incapacitated President," Schmitt wrote.
"It would be challenging enough to amend the Constitution once — much less more than once if it then subsequently turned out not all contingencies around presidential incapacity were adequately considered."
Schmitt's letter comes after the Senate Judiciary Committee's hearing on Biden's alleged mental decline while in office and how the autopen could have played a central role in his inner circle's alleged attempt to skirt the Constitution while continuing to carry out the duties of the office.
EX-WHITE HOUSE OFFICIALS TO TESTIFY ON WHO 'REALLY RAN THE COUNTRY' DURING BIDEN ERA
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."
CLICK HERE TO GET THE FOX NEWS APP
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. Print Close
URL
https://www.foxnews.com/politics/presidential-incapacity-senate-republicans-seek-paper-trail-bidens-autopen-use
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CBS News
28 minutes ago
- CBS News
Democratic lawmakers denied entry to Alligator Alcatraz immigration detention site
A group of Florida Democratic state lawmakers was blocked from entering the Alligator Alcatraz immigrant detention facility in the Everglades Thursday, despite citing legal authority for an official legislative site visit. Florida Democratic Party Chair Nikki Fried issued a statement following the incident, saying, "Lawmakers on the ground were just blocked from entering a state-funded detention site because of so-called 'safety concerns.' This is a taxpayer-funded facility, run by the State of Florida. Our elected officials have every legal right to walk through those gates." Fried added, "What are Ron DeSantis and his administration trying to hide? If it's unsafe for lawmakers to visit, how is it safe for anyone inside?" Democrats raise concerns over conditions Ahead of the attempted site visit, the Democratic lawmakers said in a joint statement, "As lawmakers, we have both the legal right and moral responsibility to inspect this site, demand answers, and expose this abuse before it becomes the national blueprint." They also voiced concerns about conditions for detainees. First group of detainees arrives The first group of detainees arrived at the facility, according to a spokesperson for Florida Attorney General James Uthmeier. "Detainees began arriving last night. Under President Trump's leadership, we are working at turbo speed on cost-effective and innovative ways to deliver on the American people's mandate for mass deportations of criminal illegal aliens," said Tricia McLaughlin, assistant secretary at the U.S. Department of Homeland Security. "We will expand facilities and bed space in just days, thanks to our partnership with Florida." The facility, located at the Dade-Collier Training and Transition Airport, is expected to house up to thousands when fully operational. Built in just eight days across 10 miles of Everglades terrain, the center includes more than 200 security cameras, over 28,000 feet of barbed wire and 400 security personnel, according to state officials.
CNN
29 minutes ago
- CNN
Video: George Takei draws parallels between 1940's Japanese-American internment camps and ICE detentions
"Star Trek" actor and activist George Takei tells CNN's Audie Cornish about his family's experience in a 1940's Japanese-American internment camp, saying Americans "need to speak out" as he sees what is happening with ICE detentions today as "the same thing" as what he experienced.
Yahoo
29 minutes ago
- Yahoo
Want Cheaper Solar Panels, Home Batteries or a Heat Pump? Better Act Soon
(Bloomberg) -- The Republican-led US Senate's passage of legislation to eliminate incentives for clean energy means homeowners likely have until the end of the year to install solar panels, batteries and heat pumps before costs soar. NYC Commutes Resume After Midtown Bus Terminal Crash Chaos Struggling Downtowns Are Looking to Lure New Crowds What Gothenburg Got Out of Congestion Pricing Massachusetts to Follow NYC in Making Landlords Pay Broker Fees California Exempts Building Projects From Environmental Law The bill must still be reconciled with the House of Representatives version and signed into law by President Donald Trump. But the Senate action has dashed advocates' hopes that it might restore some Inflation Reduction Act (IRA) subsidies, or at least give people more time to claim a 30% tax credit on the five-figure cost of installing rooftop solar and home battery storage systems. The Senate bill terminates those subsidies, along with a $2,000 tax credit for buying heat pumps, after Dec. 31 and repeals a $7,500 tax credit for the purchase of some electric vehicles after Sept. 30. A loophole that allowed carmakers to pass that savings to customers who lease EVs also would end then. 'The repeal of the credits takes away an option for households to gain not just climate friendly appliances but appliances and systems that effectively enabled them to cut their energy bills,' said Ari Matusiak, chief executive officer of Rewiring America, a nonprofit that advocates for community electrification. He noted that 3.4 million households claimed IRA tax credits in 2023. Matusiak said the subsidies' original expiration in 2032 gave homeowners long-term assurance that when a fossil fuel furnace or water heater suddenly failed, they would receive financial help to replace them with high-efficiency but more expensive electric versions and could install subsidized solar panels to power the devices. Now with those tax credits disappearing, homeowners and installers are scrambling. Martyna Kowalczyk, chief executive officer of Solartime, a family-owned Dallas area solar installer, said she's been interviewing prospective project managers to handle an expected influx of customers in the coming months. 'I am trying to prepare for the rabbit race,' said Kowalczyk. 'Everyone who is considering solar will try to get in this year. And next year will be a drought.' For homeowners, there's reason to rush to their local installer. The tax credits would save more than $10,000 on an average $35,000 system. Most solar panels and home batteries are imported and their cost is likely to rise due to US tariffs. But the looming deadline to claim the tax credits means it's crucial to choose an installer with the capacity to design a rooftop array and battery system, obtain the necessary permits and complete the job in a matter of months. Under the House version of the tax legislation, only systems installed and 'placed in service' by a utility before the tax credits' expiration qualify for the incentives. That raises an issue beyond the control of the installer — the time it takes for your local utility to connect a completed solar array to the grid. In Northern California, for instance, utility Pacific Gas & Electric says it usually flips the switch on a new solar system in five to 10 business days but the process can take up to a month. The Senate bill softens the blow a bit by deleting the 'placed into service' requirement. But homeowners would have to pay for solar and battery systems by Dec. 31 to be eligible for the tax credit. The risk is that delays push completion and activation of a solar and battery array beyond the deadline to claim tax credits and a homeowner is left on the hook for the full cost of the system. Other factors to consider include the age of your roof and whether it needs to be replaced before installing solar panels. Also, make sure your home's electrical panel has sufficient capacity to accommodate a solar and battery system or heat pumps. Even before the tax bill, A1 Sun, a Berkeley, California-based installer, was already booked through the end of 2025. 'We are placed in the unfortunate position of both not being able to take advantage of any sort of 'gold rush' for new contracts this year, and also having a lot of anxiety about being able to meet our commitments to install those customers who already had contracts in place,' said Reuben Ly, sales manager for family owned A1 Sun. 'It's just pulling the rug out from underneath us,' he said of the tax bill. SNAP Cuts in Big Tax Bill Will Hit a Lot of Trump Voters Too America's Top Consumer-Sentiment Economist Is Worried How to Steal a House China's Homegrown Jewelry Superstar Pistachios Are Everywhere Right Now, Not Just in Dubai Chocolate ©2025 Bloomberg L.P. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
