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Tipsheet

New Report: 'No Clarity on Who Actually Approved What, Biden or His Aide'

New Report: 'No Clarity on Who Actually Approved What, Biden or His Aide'
AP Photo/Evan Vucci

President Donald Trump has voiced concerns that all documents signed by former President Joe Biden using an autopen could be considered invalid, alleging that one of Biden's key aides may have abused the device to sign official papers. Trump’s comments come amid increasing scrutiny over Biden's use of the autopen throughout his presidency, with sources close to the administration suggesting that the device may have been misused. This raises serious questions about the authenticity and legality of specific signed orders and legislation.

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During a Friday press conference at the Department of Justice, Trump speculated that everything Biden signed with autopen could be invalid. 

“You don’t use autopen. Number 1, it’s disrespectful to the office. Number 2, maybe it’s not even valid ... He had no idea what the hell he was doing,” Trump said. 

Trump’s remarks follow the implementation of "far more restrictive" rules by his aides regarding using the autopen after two former White House sources suggested that a Biden aide may have overstepped their authority by using the device excessively.

According to a New York Post report, the Biden aide often references what "the boss" supposedly wants. However, colleagues were left in the dark, as the internal culture discouraged asking questions about such matters. The report suggested that the aide made one-sided decisions on what to sign automatically while Biden was in office. A source likened the aide to “basically” being the president and that no one ever questioned it. They added that almost everyone who worked closely with Biden was suspicious that his aide was abusing their authority, but no one dared to “actually say it.” 

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“There is no clarity on who actually approved what — POTUS or [the aide],” the source told the outlet. 

This follows an internal memo written Thursday by Trump staff secretary William Scharf, which outlines the current, more restrictive protocols surrounding the use of the autopen. A previous memo states that Scharf and Trump’s chief of staff Susie Wiles have the authority to use the autopen “for all matters.” 

More from the memo:

Our practice around autopen usage is far more restrictive than most previous administrations. We do not use the autopen for documents that exercise the powers of the Presidency. So, for example, we do not use the autopen for executive orders, presidential memoranda, decision memoranda, nominations, appointment orders or commissions, or bills to be signed. We do not use the autopen even for more routine purposes, such as the invitation of foreign leaders to the White House. The President personally signs all of these, in the presence of witnesses. We will occasionally use the autopen when a single document requires multiple presidential signatures, or when multiple copies of a single document require signing, but only after the President has personally signed off and only at his direction. 

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