Rep. Addison McDowell (R-N.C.) has introduced a bill known as the ‘BIDEN Act,’ which would criminalize the use of autopen devices for signing presidential documents. The bill is designed to prevent the unauthorized use of the president’s authority to sign key documents like engrossed bills, executive orders, pardons, and commutations. According to the proposed law, only the president may legally sign such documents, with no use of automated signing systems, including autopens. This comes after a series of controversies surrounding President Joe Biden’s purported use of an autopen for mass clemency decisions, which has led to a congressional probe and media scrutiny.
The BIDEN Act would amend existing legal provisions to ensure that any document signed by a non-presidential entity or through an autopen is deemed invalid. The bill also aims to prevent the misuse of presidential authority, which the lawmakers claim has created a de facto cabal of advisors and staffers who have wielded significant influence over executive actions without proper oversight. McDowell’s press release emphasized the need for accountability, stating that the actions of the former president had undermined the integrity of the presidential office.
In an interview with the New York Times, Biden defended his use of an autopen, asserting that he made all the decisions during his presidency. However, he has dismissed the idea that the autopen was used to make decisions, which has fueled ongoing debates about the legitimacy of his executive actions. Critics argue that the use of an autopen has blurred the lines between the president’s personal decisions and those made by his staff, thereby compromising the accountability and clarity of executive authority. Amid these tensions, the BIDEN Act represents a political move to address concerns about executive power and the role of technology in government operations.
McDowell’s proposal has been met with mixed reactions, with some viewing it as a necessary reform to safeguard the constitutional framework of presidential authority while others criticize it as a political maneuver targeting a former president. The bill’s introduction underscores the growing scrutiny over the use of technology in government and the potential impact of such tools on the legitimacy of executive actions. As discussions continue, the debate over the role of autopen devices in the executive branch remains a focal point in the broader discussion of presidential accountability and transparency in governance.