Trump vs. Biden: The Autopen Debate - Fact Check & Legal Analysis (2026)

Former President Donald Trump has once again ignited a fiery debate by targeting his successor, Joe Biden, with a controversial claim. In a recent post on Truth Social, Trump boldly asserted that he is "cancelling" all executive orders and actions not directly signed by Biden, specifically singling out the use of the autopen. This move has sparked a series of intriguing questions and has the potential to divide public opinion.

Trump's declaration raises eyebrows, especially considering the legal implications. The key question remains: does Trump have the authority to invalidate Biden's actions based on the use of an autopen? Trump's post states, "Any document signed by Sleepy Joe Biden with the Autopen, which was approximately 92% of them, is hereby terminated." But here's where it gets controversial: Trump further alleges that Biden was not involved in the autopen process, a claim that Biden himself has publicly refuted.

Biden has adamantly denied any "cover-up" and has asserted that he made all decisions as the President. He has even gone as far as calling Republicans who suggest otherwise "liars." This ongoing dispute has its roots in Trump's long-standing fixation on Biden's use of the autopen, a tool that has been a subject of debate since March.

At that time, conservative scholar John Yoo suggested that Trump might be "having fun at Biden's expense." However, Trump's actions speak louder than words, as he later ordered an investigation into Biden's use of the autopen, linking it to the former president's "cognitive decline." This investigation adds a new layer of complexity to the debate.

To understand the legality of a president's use of an autopen, we must look back to 2005 when the Justice Department's Office of Legal Counsel, under Republican President George W. Bush, conducted an extensive review. Their findings concluded that a president does not need to physically sign a bill to consider it signed within the meaning of Article I, Section 7. This legal precedent casts doubt on Trump's claims.

Trump's focus on Biden's pardons is particularly noteworthy. However, established legal advice from past administrations contradicts his theory. A memo from the US solicitor general in 1929 noted that the Constitution doesn't even prescribe a specific method for issuing pardons. This further weakens Trump's argument.

A separate congressional probe also highlighted the seriousness of the question regarding Biden's awareness of the substance of pardons and commutations signed via autopen. While it didn't provide direct evidence that anyone other than Biden made these decisions, it adds an intriguing layer to the debate.

This ongoing controversy leaves us with a thought-provoking question: Is Trump's move a legitimate attempt to uphold legal standards, or is it a politically motivated attack on his successor? What are your thoughts on this matter? Feel free to share your opinions in the comments below!

Trump vs. Biden: The Autopen Debate - Fact Check & Legal Analysis (2026)
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