Former Biden aide Neera Tanden has admitted under oath that she used the autopen for official documents without knowing if Biden actually approved the decisions, revealing a potential constitutional crisis at the highest levels of government.
Key Takeaways
- President Trump has waived executive privilege to allow nine senior Biden administration officials to testify before Congress about autopen use.
- Neera Tanden admitted in testimony that she was authorized to use the autopen but was unsure if Biden personally approved the decisions.
- Multiple investigations are underway regarding whether Biden aides concealed his cognitive decline and unconstitutionally exercised presidential powers.
- Concerns focus on the legitimacy of over 4,200 acts of clemency, including controversial preemptive pardons for Hunter Biden, Dr. Fauci, and others.
- The unprecedented scope of autopen use raises serious questions about who was actually governing during Biden’s term.
Constitutional Crisis Revealed Through Congressional Testimony
President Trump’s administration is assisting congressional Republicans in a sweeping investigation of the Biden administration’s controversial use of autopen technology. The probe comes amid mounting evidence suggesting Biden staffers may have executed presidential powers without proper authorization from Biden himself. Nine senior aides from the previous administration have been called to testify before the House Oversight Committee, with Trump explicitly waiving executive privilege to ensure full transparency in what appears to be one of the most serious constitutional investigations in modern history.
The central question investigators are pursuing is whether Biden’s aides concealed information about his cognitive decline while potentially exercising presidential powers unconstitutionally. Former Biden advisor Neera Tanden’s recent testimony sent shockwaves through Washington when she admitted under oath that while she was authorized to use the autopen, she could not confirm whether Biden himself had actually approved the decisions being enacted in his name – a startling confession with profound implications for our constitutional system.
Expanding Scope of Presidential Autopen Use Raises Alarms
The use of the autopen in presidential administrations has evolved significantly over time, transforming from a limited tool to what critics now describe as a potential mechanism for circumventing constitutional safeguards. “At first, the presidential use of the autopen was limited to signing checks, correspondence, and other non-legislative tasks. In 2011, Obama authorized the use of the autopen to sign an extension of the Patriot Act while he was in France,” said FRC Action Director Matt Carpenter.
“Now, the use of the autopen has grown so much that we have no idea to what extent Biden, who was clearly cognitively deficient throughout his entire term as president, was involved in official business during his time as president,” said FRC Action Director Matt Carpenter.
This dramatic expansion raises serious questions about the constitutionality of executive actions taken during Biden’s tenure. White House Counsel David Warrington, working with the Department of Justice under Trump’s direction, has launched a parallel investigation into these matters, focusing particularly on whether Biden’s mental state rendered him incapable of fulfilling his constitutional duties while his staff potentially covered up this incapacity.
Questionable Pardons and Executive Orders Under Scrutiny
Among the most concerning issues under investigation are the unprecedented 4,245 acts of clemency issued during Biden’s administration – more than any president in history. These include highly controversial preemptive pardons granted in the administration’s final days to Hunter Biden, Dr. Anthony Fauci, General Mark Milley, and members of the January 6th Committee. Given Tanden’s testimony, serious questions now exist about whether Biden was even aware of these pardons, let alone authorized them.
“Evidence that aides to former President Biden concealed information regarding his fitness to exercise the powers of the President, and may have unconstitutionally exercised those powers themselves to aid in their concealment, implicates both Congress’ constitutional and legislative powers,” said Deputy White House Counsel Gary Lawkowski.
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House Oversight Chair Comer threatens subpoena after former Biden advisor refuses to testify about alleged mental decline cover-up
Anthony Bernal, the former advisor to former… pic.twitter.com/vFcITw3mq9
— Owen Gregorian (@OwenGregorian) June 26, 2025
The investigation has gained further momentum as both the Senate Homeland Security and Governmental Affairs’ select subcommittee and the Senate Judiciary Committee have joined the House Oversight Committee in examining this potentially unprecedented constitutional breach. President Trump’s decision to waive executive privilege reflects the gravity of these concerns, with his administration emphasizing that transparency is essential given the extraordinary nature of these allegations.
Growing Evidence of Systemic Deception
The investigation has hit recent roadblocks, with Biden aide Anthony Bernal abruptly canceling his scheduled testimony before the House Oversight Committee. This cancellation has only intensified suspicions about what the Biden administration may be hiding, prompting committee leaders to issue subpoenas to compel testimony. Despite Tanden’s claim that there was no discussion or cover-up of Biden’s cognitive issues within the administration, the mounting evidence suggests otherwise.
“In light of the unique and extraordinary nature of the matters under investigation, President Trump has determined that an assertion of executive privilege is not in the national interest,” said Deputy White House Counsel Gary Lawkowski.
As these investigations proceed, the fundamental question remains: who was actually governing the United States during Biden’s term? The implications of this constitutional crisis extend far beyond partisan politics, striking at the very heart of our democratic system and the proper exercise of presidential authority. If Biden’s signature was being applied to documents without his knowledge or approval, the American people deserve to know the full extent of this deception and who was truly making decisions in the name of the presidency.
