Senator Eric Schmitt (R-MO) announced a formal request for access to sealed presidential records concerning the use of President Joe Biden’s autopen—a device used to authorize official documents—citing concerns about transparency and executive authority.
The move follows recent testimony from Neera Tanden, former Director of the White House Domestic Policy Council, who appeared before the House Oversight Committee. During closed-door testimony, Tanden confirmed that she had authorization to use the president’s autopen from October 2021 through May 2023.
According to reports, Tanden stated that she directed the use of the autopen on various occasions without receiving direct confirmation from President Biden on each individual action. She denied any wrongdoing and emphasized that she followed existing procedures at the time.
Among the actions taken with the autopen was the signing of official pardons on December 30, 2022—a date when President Biden was on vacation in St. Croix. Tanden’s testimony suggests she may have overseen that process during his absence.Chairman James Comer (R-KY) and other committee members have raised questions about whether the use of the autopen reflects broader concerns about presidential oversight, especially in light of ongoing public discussions about the president’s health.
In response, Senator Schmitt initiated what he described as a “special access request” under the Presidential Records Act. This request, submitted to the National Archives, seeks documents that clarify the procedures and authorizations related to autopen use during President Biden’s term.
“The goal is to ensure transparency about who had the authority to act on behalf of the president and whether proper protocols were followed,” Schmitt said in a post on X.
He emphasized that the purpose of the request is to promote accountability and prevent future confusion about executive actions.
“I’ve requested all internal memoranda concerning the autopen, documentation of specific instances in which it was used, and related discussions about executive actions, including pardons and presidential declarations,” he added.
Senator Schmitt also expressed interest in reviewing documents related to presidential authority under the 25th Amendment and communications around the Equal Rights Amendment during the final months of Biden’s term.
Legal experts note that the use of the autopen by authorized staff is not without precedent and is legally valid under certain conditions, as long as proper delegation protocols are followed. However, Schmitt argues that further clarity is necessary.
“The American people deserve to understand how key decisions are made at the highest level,” he said. “This is about ensuring confidence in the integrity of the office of the presidency.”
The request will now be reviewed by the National Archives, which is responsible for maintaining and managing presidential records. Whether the documents will be released—and what they may reveal—remains to be seen.
