Tangle Podcast Episode Summary

Title: Biden's Autopen Controversy
Host: Isaac Saul
Release Date: July 17, 2025

Introduction

In this episode of Tangle, host Isaac Saul delves into the escalating controversy surrounding President Joe Biden's use of an autopen—a device that replicates his signature—for issuing pardons and commutations during the final days of his administration. The discussion explores the legal, political, and ethical implications of this practice, presenting viewpoints from both the political right and left.

Understanding the Autopen Controversy

The core of the controversy lies in the revelation that President Biden may have utilized an autopen to sign off on numerous clemency actions during the last weeks of his presidency. This practice has raised questions about the legitimacy and oversight of these pardons and commutations.

Isaac Saul explains, “The autopen was used to sign the warrants because there were a lot of them” (06:46), highlighting the unprecedented volume of clemency actions taken by Biden.

Background on the Autopen

An autopen is a machine designed to mimic a person’s handwriting, allowing for the signing of documents without the individual physically signing each one. While not inherently illegal, its use by a sitting president for official acts such as pardons has sparked debate.

Historical Context:

• 1803: The autopen was patented, initially known as the polygraph machine.
• 2005: The Office of Legal Counsel at the Justice Department published a memorandum allowing the president to use an autopen for signing legislation.
• 2011: President Barack Obama first used the autopen to sign an extension of the Patriot Act.

Details of the Controversy

In late December 2024 and early January 2025, President Biden issued a record number of pardons and commutations:

• Total Acts of Clemency: 4,245 (most of any president on record) with a 29% approval rate of requests.
• Pardons Issued: 80 (second fewest on record).
• Commutations Granted on January 17, 2025: 2,490 in a single day, surpassing any prior president's total.
• Final Fiscal Year Clemency Approvals: 96%.

Key Events:

• July 10, 2025: Biden stated to The New York Times that he orally granted all pardons and commutations but used the autopen for efficiency.
• Fox News Report: Announced investigations by the White House Counsel's Office and the Justice Department into the use of the autopen.
• House Oversight Committee: Led by Republican James Comer, seeks to determine Biden's understanding and authorization of the autopen's use.

Quotes:

• Biden to The New York Times: “I made every single one of the clemency decisions myself” (06:46).
• Stanford Law Professor Bernadette Mailer: “The Constitution doesn't require that the pardon be written... the idea that the signature is by auto pen rather than handwritten signature seems not relevant” (07:20).

Perspectives from the Right

The political right views the autopen controversy as evidence of Biden's limited capacity and potential over-reliance on aides. They argue that the use of an autopen undermines the legitimacy of his clemency actions.

Key Arguments:

• New York Post Editorial: “Biden's defense of aides who used his autopen speaks volumes about who really was in charge” (07:20).
• National Review (Jeffrey Blair): “Biden has managed to thicken the cloud of suspicion that hangs over all domestic political acts taken during his presidency.”
• The Dispatch (Nick Cattaggio): “MAGA has always run on conspiracy theories... the auto pen pardons were a godsend.”

Notable Quotes:

• “Biden's process for approving the pardons seemed to only minimally include him” (07:20).
• “Trump was as serious about undoing Biden's laws and pardons over the auto pen issue as he is about deporting Rosie O'Donnell” (07:20).

Perspectives from the Left

Conversely, the political left dismisses the controversy as a fabricated scandal with no legal basis. They argue that the autopen's use is standard procedure and that the investigations are politically motivated attempts to discredit Biden.

Key Arguments:

• MSNBC (Hayes Brown): “Presidents using autopens is not a crime... auto pens aren't exactly a new thing for a chief executive to use.”
• Washington Post (Philip Bump): “There is no serious question that Biden fully intended to issue the flurry of pardons that bore his signature.”
• Salon (Austin Surratt): “Nothing in the Constitution requires a president to sign a pardon... it's not a constitutional issue.”

Notable Quotes:

• “Auto pens are merely a tool to be used” (07:20).
• “The Constitution does not specify any particular form or procedure to make such a grant” (07:20).

Analysis and Conclusions

Isaac Saul offers a nuanced take on the situation, balancing the legal simplicity against the political complexities:

1. Legal Perspective:

   • There is no evidence suggesting that Biden authorized the autopen's use improperly.
   • Legal experts, including Bernadette Mailer, affirm that the method of signing (handwritten vs. autopen) does not invalidate the pardons.

2. Political Implications:

   • The controversy serves as a political tool for opposition to question Biden's mental fitness and leadership.
   • High-profile pardons, such as that of Hunter Biden, exacerbate suspicions about the administration's decision-making processes.

3. Potential Scenarios:

   • Legitimate Use: Massive clemency actions require efficient processes; the autopen facilitates this without undermining authority.
   • Questionable Oversight: The extraordinary number of pardons, some of which appear unjustified, raises concerns about oversight and administrative control.

Isaac Saul concludes: “The degree to which Biden was in control at the end of his presidency is a very important issue,” emphasizing that while the autopen itself may not be the central problem, it symbolizes broader questions about presidential authority and administrative transparency.

Additional Insights and Statistics

• Impact on Iran's Nuclear Program: An unrelated segment discusses Israel's targeted killings of Iranian scientists, highlighting geopolitical tensions (referenced at 28:50).
• Historical Usage of Autopens: Trends show increasing reliance on autopens for efficiency in high-volume signature scenarios.
• Public Perception: The controversy has polarized audiences, reinforcing partisan divides and fueling conspiracy theories on both sides.

Notable Statistics:

• Biden's Clemency Actions: 4,245 total acts, 29% approval rate of requests.
• Pardons Issued: 80 (second fewest).
• Commutations on January 17, 2025: 2,490 in one day.
• Final Fiscal Year Clemency Approvals: 96%.

Conclusion

The Tangle podcast episode on Biden's autopen controversy offers a comprehensive examination of a multifaceted issue at the intersection of legality, politics, and ethics. By presenting balanced viewpoints from both the right and left, Isaac Saul facilitates a deeper understanding of the implications surrounding the use of an autopen in presidential clemency processes. The discussion underscores the importance of transparency and oversight in maintaining public trust in executive actions.

Notable Quotes:

• Isaac Saul: “Is it really too much to ask that the President actually sign the pardons he is approving by hand?” (19:31)
• Bernadette Mailer: “The Constitution doesn't even require that the pardon be written” (07:20)
• Jeffrey Blair: “The funniest thing about this self-inflicted damage, though, is how needless it was.” (07:20)

Timestamps Referenced:

• 06:46: Initial discussion on Biden's use of the autopen.
• 07:20: Detailed breakdown of the controversy and expert opinions.
• 19:31: Analysis and host’s personal take on the situation.
• 28:50: Additional geopolitical insights related to the episode.

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