Fox Nation investigates Biden’s controversial autopen use in brand new special

Who was actually running the country during former President Joe Biden’s term in office? Conservative critics have asked this question since before President Donald Trump took the reins in January, but a sprawling probe into Biden’s alleged use of an autopen to sign pardons and other documents has only invigorated the skepticism.

The Oversight Project President Mike Howell’s viral tweet declaring, “Whoever controlled the autopen controlled the presidency,” was another catalyst.

Howell joined the Fox Nation special “The Autopen President,” which debuted on the streaming platform Monday, to offer his perspective in depth.

“The autopen investigation showed how the White House could operate – did operate – without a president,” he said.

The 25-minute special investigates accusations from many in the conservative sphere who question whether Biden was aware of the presidential measures executed in his name. 

WHITE HOUSE INVESTIGATING BIDEN USE OF AUTOPEN IN SPRAWLING PROBE OF ‘INCOMPETENT AND SENILE’ FORMER PRESIDENT

The saying goes, “the pen is mightier than the sword,” but finding a pen mightier than one in the hands of a U.S. president would pose a challenge.

The signature it creates can free some from prison or reduce their sentence, alter the lives of citizens across the country, impose actions that exert influence across the globe, or affirm the will of Congress. 

In this case, many, including President Trump, insist the validity of Biden’s presidential signature is questionable given his alleged use of an autopen — a machine that physically holds a pen and features programming to imitate a person’s signature.

Though autopens have been used by presidents for decades, Trump says their use typically falls outside the scope of crucial presidential duties. Staffers may use them to respond to letters, for instance.

Howell’s team gathered images of Biden’s signature, but when the documents came back, he noticed something unusual.

BIDEN CHIEF OF STAFF REPORTEDLY GAVE APPROVAL FOR AUTOPEN PARDONS ON FINAL DAY IN OFFICE

“We realized this is a copied and pasted signature. This isn’t a human hand signing these things,” he said. The development sparked legality concerns, particularly since the Constitution requires the actual signature of the president to enact laws. 

However, a 2005 decision from the Justice Department (the Office of Legal Counsel) under former President George W. Bush complicates the situation.

The OLC determined the president can legally sign bills and other documents with an autopen, meaning the president could authorize his staff to impose his signature using the device. 

BIDEN DEFENDS CONTROVERSIAL AUTOPEN USE FOR MASS CLEMENCY DECISIONS IN NYT INTERVIEW: ‘A WHOLE LOT OF PEOPLE’

Former President Barack Obama was the first president to reportedly use the measure to sign legislation with an autopen in 2011, but some argue concerns over Biden’s cognitive health create lingering concerns. 

Biden has vehemently denied that others were executing the powers of the president during his tenure.

In a statement responding to the Trump administration’s investigation into his autopen use, he said the following:

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“Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false…

“This is nothing more than a distraction by Donald Trump and Congressional Republicans who are working to push disastrous legislation that would cut essential programs like Medicaid and raise costs on American families, all to pay for tax breaks for the ultra-wealthy and big corporations.” 

The full episode delving into the Biden autopen investigation is streaming now on Fox Nation.

Fox News’ Brooke Singman contributed to this report.

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