The GOP legislator questions the use of the Biden autopen, request who is “ responsible ”

First on Fox: A republican of the Senate wants to build a paper trace of the automatic use of former President Joe Biden with the final objective of calling for more audiences, to adopt legislation or to modify the Constitution to best attack “a mentally incapable president”.

Senator Eric Schmitt, president of the Senate judicial subcommittee on the Constitution, requests special access under the law on presidential files to a tradus of documents and memos of the Biden era which tell of its use of an autopen.

In a letter to the Secretary of State and to the interim national archivist Marco Rubio obtained exclusively by Fox News, Schmitt argued that the creation of a paper trace of key directives made towards the end of his presidency would help “decide what legislative recourse is most appropriate”.

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Neera Tanden, former director of the Biden National Policy Council, testified on Tuesday more than five hours in camera as part of the House Republicans’ investigation into the mental acuity of the former president and his use of an automatic signature tool. (Getty Images)

“In particular, the increased use of the autopen to sign pardons, executive decrees and other documents as his presidency progressed has become a poignant symbol of the mental decline of President Biden and created questions on the validity of these orders and these seeds if the president Biden did not direct the use of the autopen,” he wrote.

Schmitt asked for access to a multitude of documents, including memos on the procedures for using the autopen, which obtained the power to use the autopen and the emails of the personnel authorizing or requesting authorization for automatic use.

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Senator Eric Schmitt, R-Mo., Arrives from an hearing of the Senate’s judicial committee in the Dirksen building on Tuesday, June 17, 2025. (Getty Images)

He also asked for access to all the files of the White House after November 1, 2024, which refer or relate to the presidential pardons; which prioritize information books, memos and decision -making memos for stands; And, finally, access to all the discs of the White House after November 1.

“With this information, the subcommittee will be better positioned to ensure that any proposed potential modification will be complete enough in order to combat any plausible possibility concerning a mentally incapable president,” wrote Schmit.

“It would be difficult enough to modify the Constitution once – even less than once if it did not prove later that all the contingencies concerning the presidential incapacity were not considerably considered.”

Schmitt’s letter comes after the hearing of the senatorial judicial committee on the alleged mental decline of Biden during its functions and how the autopen could have played a central role in the alleged attempt of its inner circle to bypass the Constitution while continuing to exercise the functions of the office.

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President Donald Trump speaks with journalists while stealing on the Air Force One on the way to Calgary, Canada, at the Andrews common base, Maryland, Monday, June 16, 2025. (AP photo / Mark Schiefelbein)

He also explicitly mentions the hearing transcribed behind closed doors with the former director of the Biden Domestic Policy Council, Neera Tanden, led by the Chamber’s supervisory committee this week.

A source told Fox News Digital that during the transcribed interview, which lasted five hours, Tanden testified that she had “a minimum interaction with President Biden” in his role as staff secretary and that to obtain automatic signatures, she would send decision -making memos to the members of the Biden inner circle.

She said that during the interview, she did not know what actions or approvals had occurred between the moment when the memo had been sent and returned with approval.

However, Tanden’s opening declaration, shared with Fox News Digital by his lawyer, Michael Bromwich, said that, as a personnel secretary, she was responsible for “managing the flow of documents to and since the president” and that she was authorized to direct that the signatures automatically be “fixed to certain categories of documents”.

“We had a system for authorization to use the Autopen which I inherited from previous administrations,” said Tanden. “We used this system throughout my mandate as a personnel secretary.”

She was then appointed Director of the Biden National Policy Council and said that she was no longer responsible for the flow of documents and was no longer involved in decisions related to the Autopen.

“I would note that a large part of the public discussion on the subject of this hearing confused two very different questions: first, the age of the president and secondly, if the president Bident was as president,” she said. “I had no experience in the White House which would provide a reason to question his command as president. He was in charge.”

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Schmitt asked that access to the gang of memos and communications be granted no later than July 16.

“It is important that this subcommittee has a clear image of the decision-making capacity of President Biden at the end of his presidency and to know to what extent the members of his inner circle may have usurped the decision-making authority of the president,” he wrote.

Liz Elkind of Fox News Digital contributed to this report.