'Biggest scandal in American history' or a 'distraction': A look at Trump's autopen claims

President Donald Trump has ordered an investigation into the Biden administration's usage of an automatic signature pen, alleging that Joe Biden wasn't alert of galore of his statesmanlike orders and appointments.

"This conspiracy marks 1 of the astir unsafe and concerning scandals successful American history," Trump said successful a memorandum Wednesday directing the probe.

Biden denied the allegations, calling them "ridiculous and false."

“This is thing much than a distraction by Donald Trump and Congressional Republicans who are moving to propulsion disastrous authorities that would chopped indispensable programs similar Medicaid and rise costs connected American families, each to wage for taxation breaks for the ultra-wealthy and large corporations,” Biden said successful a connection Wednesday, referring to a monolithic GOP bill to beforehand Trump's agenda.

Here's a look astatine what's known — and what isn't — astir the allegations Trump has referred to connected social media arsenic "the biggest ungraded successful American history," how they started and what mightiness travel next.

What is an autopen?

An autopen is simply a instrumentality that replicates a person’s signature oregon writings. Variations of it person been astir for centuries — Thomas Jefferson got 1 successful 1803 that helium utilized to marque copies of his correspondence.

They’re often utilized for wide reproductions of signatures connected items similar diplomas, and determination are present integer versions successful use.

Can presidents usage autopens for authoritative actions?

They can, according to 2005 guidance from the Justice Department’s Office of Legal Counsel.

“The President request not personally execute the carnal enactment of affixing his signature to a measure helium approves and decides to motion successful bid for the measure to go law,” the guidance said. “Rather, the President whitethorn motion a measure . . . by directing a subordinate to affix the President’s signature to specified a bill, for illustration by autopen.”

Have presidents utilized autopens for authoritative acts?

They have. President George W. Bush — who had requested the guidance from the Justice Department — did not upwind up utilizing an autopen for authoritative actions, but some Biden and President Barack Obama did portion traveling.

USA Today reported successful 2017 that Obama utilized an autopen to contented dozens of pardons the erstwhile twelvemonth portion helium was connected abrogation successful Hawaii. Biden, meanwhile, signed a backing hold for national aviation programs via autopen portion helium traveling to San Francisco successful 2024, CNN reported astatine the time.

How often did Biden usage an autopen?

That’s unclear. There is nary authoritative grounds of Biden's usage of an autopen for authoritative authorities business.

Trump’s memorandum says, “The immense bulk of Biden’s enforcement actions were signed utilizing a mechanical signature pen, often called an autopen, arsenic opposed to Biden’s ain hand.”

Trump has offered nary grounds successful enactment of those claims.

Has Trump utilized an autopen?

He has, but maintains it wasn't for thing important.

Speaking to reporters connected Air Force One successful March, Trump astatine archetypal said, “I ne'er use” an autopen earlier acknowledging that helium had.

On Thursday, helium said, "I deliberation it’s precise disrespectful to radical erstwhile they get an autopen signature," but that helium does usage 1 to respond to letters. "I'd similar to bash it myself," helium said, but added that helium gets thousands of letters a week and it's "not imaginable to do."

What did Trump bid with his caller memo?

Trump's memo directs "The Counsel to the President, successful consultation with the Attorney General and the caput of immoderate different applicable enforcement section oregon bureau (agency), shall investigate, to the grade permitted by law, whether definite individuals conspired to deceive the nationalist astir Biden’s intelligence authorities and unconstitutionally workout the authorities and responsibilities of the President."

It besides orders a probe into "the circumstances surrounding Biden’s expected execution of galore enforcement actions during his last years successful office," including "policy documents for which the autopen was used."

Asked by NBC News whether helium has immoderate grounds that thing circumstantial was signed without Biden’s cognition oregon that idiosyncratic successful the erstwhile president’s medication acting illegally, Trump said, “No, but I’ve uncovered, you know, the quality mind.”

“I was successful a statement with the quality mind, and I don't deliberation helium knew what the hellhole helium was doing,” helium said Thursday, referring to his statement with Biden past year.

Did Trump petition a transgression probe?

The Justice Department declined to remark erstwhile asked whether the probe into the autopen contented is simply a transgression one, but the White House counsel's bureau does not behaviour transgression probes.

Republican allegations astir Biden’s usage of the autopen is besides being investigated by the House Oversight Committee.

“Who was making the decisions? Who was authorizing his signature? Was it him?” committee seat James Comer, R-Ky., asked past month.

Have the courts weighed successful connected autopens?

The Justice Department guidance from 2005 has not been straight challenged successful court, but a ruling past year involving statesmanlike pardon powers lent immoderate value to the finding.

A unanimous determination by a three-judge sheet connected the 4th U.S. Circuit Court of Appeals said presidents don’t person to contented written oregon signed pardons for them to beryllium implemented.

“The plain connection of the Constitution imposes nary specified limit, broadly providing that the President ‘shall person Power to assistance Reprieves and Pardons for Offences against the United States, but successful Cases of Impeachment.’ The law substance is frankincense soundless arsenic to immoderate peculiar signifier the President’s clemency enactment indispensable instrumentality to beryllium effective,” the ruling said.

What is the root of the allegations against Biden?

While it's unclear however Trump came to prehend connected the allegations, close helping media has focused connected the assertion for months, fueled successful ample portion by a study from the blimpish Heritage Foundation that accused the Biden medication of extended autopen use, mostly based connected the timing of erstwhile Biden signed documents compared to erstwhile helium was traveling.

Some of the findings besides came from an investigation of the signatures successful the Federal Register. A National Archives spokesperson told the fact-checking website Snopes successful March that: “At the opening of each administration, the White House sends a illustration of the President’s signature to the Federal Register, which uses it to make the graphic representation for each Presidential Documents published successful the Federal Register.”

What is the nonsubjective of Trump's order?

Trump's memorandum does not springiness immoderate denotation of what mightiness effect from the investigation.

The president has already revoked scores of Biden's enforcement actions — including astir 80 connected his archetypal day successful bureau — but he's suggested earlier that the usage of an autopen could beryllium utilized to situation immoderate of the pardons issued by Biden.

“The ‘Pardons’ that Sleepy Joe Biden gave to the Unselect Committee of Political Thugs, and galore others, are hereby declared VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT, due to the fact that of the information that they were done by Autopen,” Trump wrote connected Truth Social, referring to the pardons Biden gave to members of the House committee that investigated the Jan. 6, 2021, onslaught connected the Capitol.

There's nary grounds that Biden was not alert of those pardons — he'd discussed the anticipation helium would motion disconnected connected them successful a Jan. 8 interrogation with USA Today and aboriginal issued a lengthy connection explaining wherefore he'd signed them.

Can a president rescind a anterior president's pardon?

While the Constitution gives the president unsocial powers to contented pardons, it makes nary proviso for consequent presidents to rescind them.

Jeffrey Crouch, a authorities prof astatine American University and writer of the publication “The Presidential Pardon Power,” told NBC News successful March that “Biden’s pardons are highly improbable to beryllium revoked someway due to the fact that of the evident usage of an autopen.”

What does Biden accidental astir Trump's allegations?

In his connection Wednesday, the erstwhile president said, “Let maine beryllium clear: I made the decisions during my presidency. I made the decisions astir the pardons, enforcement orders, legislation, and proclamations. Any proposition that I didn’t is ridiculous and false."

Trump told reporters Thursday, "I don't deliberation Biden would know" if helium signed something.