Reviewing Certain Presidential Actions
TLDR
This executive order directs an investigation into former President Biden’s alleged use of autopen technology to sign official documents while staff allegedly concealed his cognitive decline and unconstitutionally exercised presidential authority on his behalf.
This presidential memorandum directs an investigation into former President Biden’s use of autopen technology to sign official documents and whether his cognitive decline was concealed by staff who may have unconstitutionally exercised presidential authority. The memo alleges that Biden’s aides used mechanical signature devices to hide his mental incapacity while implementing policy decisions, judicial appointments, and clemency grants without his full awareness or participation.
Key provisions include:
- Orders the White House Counsel and Attorney General to investigate potential conspiracy to deceive the public about Biden’s mental state
- Directs examination of autopen usage for policy documents, executive orders, clemency grants, and judicial appointments
- Seeks to determine if staff falsely exercised presidential authority while concealing Biden’s cognitive decline
- Investigates coordination among Biden aides to misrepresent the former president’s capabilities
Claims made include:
- Biden suffered from serious cognitive decline during his presidency
- Over 1,200 presidential documents were issued during Biden’s term, many signed via autopen
- Biden appointed 235 federal judges and issued extensive pardons and commutations
- DOJ concluded Biden should not stand trial due to mental incompetence
- Staff restricted Biden’s media appearances and scripted his interactions
- The use of autopen may have constituted unconstitutional exercise of presidential power
The memorandum makes several significant claims that require scrutiny. While it is true that presidents have historically used autopen devices for routine document signing, and Biden did issue clemency actions including death row commutations in December 2024, many of the characterizations in this memo represent partisan political interpretations rather than established facts.
The claim about DOJ conclusions regarding Biden’s mental competence appears to reference Special Counsel Robert Hur’s report on classified documents, though that report’s characterizations were disputed. The assertion that staff “conspired” to conceal cognitive decline and unconstitutionally exercised presidential authority represents serious allegations that would require substantial evidence to substantiate.
The memo conflates routine use of autopen technology, which has been used by presidents for decades for efficiency purposes, with potential constitutional violations. The legal standard for presidential incapacity involves the 25th Amendment process, not unilateral determinations by political opponents.
The President has broad authority to direct executive branch investigations and review previous administration actions. However, this memorandum directs investigation of protected political speech and activities that may implicate separation of powers concerns. The President can order reviews of executive actions and investigate potential misconduct, though any criminal referrals would need to meet appropriate evidentiary standards. The directive to investigate “conspiracy” allegations involving constitutional authority represents a more legally complex area that would require careful adherence to due process and evidentiary requirements.
MEMORANDUM FOR THE ATTORNEY GENERAL THE COUNSEL TO THE PRESIDENT
SUBJECT: Reviewing Certain Presidential Actions
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed:
Section 1.
Background.
The President of the United States, as the unitary head of the executive branch, holds tremendous power and responsibility through his signature: words on paper can become the law of the land, individuals are appointed to some of the highest offices in Government, national policies can be created or eliminated, and prisoners can go free. In sum, the Nation is governed through Presidential signatures.
In recent months, it has become increasingly apparent that former President Biden’s aides abused the power of Presidential signatures through the use of an autopen to conceal Biden’s cognitive decline and assert Article II authority. This conspiracy marks one of the most dangerous and concerning scandals in American history. The American public was purposefully shielded from discovering who wielded the executive power, all while Biden’s signature was deployed across thousands of documents to effect radical policy shifts.
For years, President Biden suffered from serious cognitive decline. The Department of Justice, for example, concluded that, despite clear evidence that Biden had broken the law, he should not stand trial owing to his incompetent mental state. Biden’s cognitive issues and apparent mental decline during his Presidency were even “worse” in private, and those closest to him “tried to hide it” from the public. To do so, Biden’s advisors during his years in office severely restricted his news conferences and media appearances, and they scripted his conversations with lawmakers, government officials, and donors, all to cover up his inability to discharge his duties.
Notwithstanding these well-documented issues, the White House issued over 1,200 Presidential documents, appointed 235 judges to the Federal bench, and issued more pardons and commutations than any administration in United States history. For instance, just 2 days before Christmas in 2024, the White House announced that Biden commuted the sentences of 37 of the 40 most vile and monstrous criminals on Federal death row, including several child killers and mass murderers.
Although the authority to take these executive actions, along with many others, is constitutionally committed to the President, there are serious doubts as to the decision making process and even the degree of Biden’s awareness of these actions being taken in his name.
The vast majority of Biden’s executive actions were signed using a mechanical signature pen, often called an autopen, as opposed to Biden’s own hand. This was especially true of actions taken during the second half of his Presidency, when his cognitive decline had apparently become even more clear to those working most closely with him.
Given clear indications that President Biden lacked the capacity to exercise his Presidential authority, if his advisors secretly used the mechanical signature pen to conceal this incapacity, while taking radical executive actions all in his name, that would constitute an unconstitutional wielding of the power of the Presidency, a circumstance that would have implications for the legality and validity of numerous executive actions undertaken in Biden’s name.
Sec. 2.
Investigation.
(a) The Counsel to the President, in consultation with the Attorney General and the head of any other relevant executive department or agency (agency), shall investigate, to the extent permitted by law, whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President. This investigation shall address:
(i) any activity, coordinated or otherwise, to purposefully shield the public from information regarding Biden’s mental and physical health;
(ii) any agreements between Biden’s aides to cooperatively and falsely deem recorded videos of the President’s cognitive inability as fake;
(iii) any agreements between Biden’s aides to require false, public statements elevating the President’s capabilities; and
(iv)the purpose of these activities, including to assert the authorities of the President.
(b) The Counsel to the President shall also investigate, in consultation with the Attorney General and the head of any other relevant agency, the circumstances surrounding Biden’s supposed execution of numerous executive actions during his final years in office. This investigation shall address:
(i)the policy documents for which the autopen was used, including clemency grants, Executive Orders, Presidential memoranda, or other Presidential policy decisions; and
(ii) who directed that the President’s signature be affixed.
Sec. 3.
General Provisions.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP