Senate Hearing Probes Biden’s Mental Acuity and Autopen Use: A Breakdown of Testimony
On June 18, 2025, the Senate Judiciary Committee held a contentious hearing to investigate allegations of a cover-up surrounding former President Joe Biden’s mental acuity, focusing heavily on the use of an autopen to sign executive actions, pardons, and other documents. Republicans framed the autopen’s use as evidence of an effort to conceal Biden’s cognitive decline, while Democrats largely boycotted the session, dismissing it as a partisan stunt. Below is a detailed breakdown of the testimony, key claims, and the context surrounding the autopen controversy.
Key Testimony on Autopen Usage
The hearing featured testimony from Republican-selected witnesses who raised concerns about the autopen’s role during Biden’s presidency:
• Theodore Wold, a former Trump administration official, testified that Biden’s White House used the autopen to sign executive actions even when Biden was physically present in Washington, DC. Wold suggested this practice raised questions about whether Biden was fully aware of or authorized these signatures, potentially indicating an effort to mask cognitive impairment.
• John Harrison, a legal scholar, argued that the autopen’s frequent use might have been a deliberate strategy to avoid triggering the 25th Amendment, which addresses presidential incapacity. Harrison posited that reliance on the device could imply that Biden’s aides were making critical decisions without his direct oversight.
• Sean Spicer, former Trump press secretary, focused on the media’s role, alleging that some outlets downplayed Biden’s cognitive issues. While Spicer’s testimony was less directly tied to the autopen, it supported the Republican narrative that its use was part of a broader conspiracy to obscure Biden’s condition.
Republican Senators’ Allegations
Republican senators used the hearing to amplify claims of a “constitutional crisis” tied to Biden’s mental state and the autopen’s use:
• Sen. John Cornyn (R-TX) described the situation as a conspiracy involving Biden’s aides, family, and media to hide his mental decline. He questioned who was truly in charge of the presidency, pointing to the autopen’s use for pardons and executive orders as evidence of an “absentee” administration.
• Sen. Eric Schmitt (R-MO) criticized Democrats for boycotting the hearing, accusing them of avoiding “uncomfortable truths.” He framed the autopen as a symbol of a presidency run by unelected staffers rather than the president himself.
• Sen. Marsha Blackburn (R-TN) emphasized that the autopen can only be used with explicit presidential authorization. She argued that any unauthorized use by aides was “undemocratic” and could render signed documents legally suspect.
Democratic Response
The hearing saw minimal Democratic participation, with only Sen. Dick Durbin (D-IL) attending. Durbin dismissed the probe as a “waste of time” and a “political undertaking,” arguing that more pressing national issues deserved the Senate’s focus. The Democratic boycott underscored the partisan divide, with most Democrats viewing the hearing as an attempt to discredit Biden’s presidency retroactively.
Former President Biden himself refuted the allegations, stating, “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.”
Autopen Usage: Historical and Legal Background
The autopen, a mechanical device that replicates a signature, has been a tool in presidential administrations since at least the 1940s, when Harry Truman reportedly used it for routine correspondence. Its use expanded over time, with President Barack Obama becoming the first to sign legislation with an autopen in 2011, a practice upheld as legally valid. A 2005 Justice Department opinion, issued during the George W. Bush administration, clarified that a president’s physical signature is not required for a document to be legally binding, provided the president explicitly authorizes the autopen’s use.
Republicans have zeroed in on Biden’s reliance on the autopen for high-profile actions, such as pardons for his son Hunter Biden, Rep. Adam Schiff, and January 6 committee members, as well as various executive orders. They allege these signatures were applied without Biden’s full knowledge, pointing to his reported cognitive challenges. President Donald Trump, who ordered an investigation into Biden’s autopen use on June 4, 2025, claimed these actions were “void,” despite having used the autopen himself during his first term for non-legislative
The June 18, 2025, Senate Judiciary Committee hearing spotlighted Republican allegations that Biden’s aides used an autopen to sign critical documents without his full awareness, potentially concealing cognitive decline. Witnesses like Theodore Wold and John Harrison emphasized the autopen’s role, while senators like John Cornyn and Eric Schmitt framed it as a constitutional issue. Democrats, led by Sen. Dick Durbin, dismissed the hearing as political theater, and Biden denied the claims outright. Legal experts argue that the autopen’s use is routine and unlikely to invalidate actions, suggesting the controversy is more about political optics than legal substance. As investigations continue, the autopen debate remains a flashpoint in the ongoing partisan battle over Biden’s legacy.