Senate Republican Senator Eric Schmitt has requested access to records of former President Joe Biden’s autopen usage, citing concerns about potential mental decline and the legitimacy of executive actions. The request aims to build a paper trail for potential legislative or constitutional amendments to address a mentally incapacitated president.
In a letter to Secretary of State and Acting National Archivist Marco Rubio, Schmitt argued that creating a paper trail of key directives made toward the end of Biden’s presidency would help in deciding which legislative remedy is most appropriate. He emphasized that the increased use of the autopen to sign pardons, executive orders, and other documents as his presidency progressed became a poignant symbol of Biden’s mental decline and has created questions about the validity of those orders and pardons if Biden did not direct the use of the autopen.
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. He also requested access to all White House records after November 1, 2024, that refer or relate to presidential pardons, prioritizing briefing books, memos, and decision memos for pardons, and eventually access to all White House records after November 1.
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. 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, where she testified she had minimal interaction with Biden and that to obtain autopen signatures, she would send decision memos to members of Biden’s inner circle.
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 was authorized to direct that autopen signatures be affixed to certain categories of documents. She stated that they had a system for authorizing the use of the autopen that she inherited from prior administrations and was employed throughout her tenure.
Schmitt requested that access to the collection of memos and communications be granted no later than July 16, emphasizing the importance of having a clear picture of Biden’s decision-making capacity at the end of his presidency and the extent to which members of his inner circle possibly usurped the President’s decision-making authority.