House Oversight Committee Chairman James Comer has raised concerns about President Joe Biden’s mental fitness during his final months in office, suggesting that many executive actions, including pardons and executive orders, may be legally questionable. Comer specifically points to Biden’s increased reliance on the autopen—a mechanical device that replicates the president’s signature—following his widely criticized June 2024 debate performance, as a possible sign the president was not fully aware of what he was authorizing.
Central to the investigation is testimony from former White House officials such as Neera Tanden, who indicated she had limited direct contact with Biden despite managing significant policy decisions. This has led Comer to question who was truly in charge during the president’s apparent cognitive decline. Additionally, several close aides, including Biden’s physician and senior staff members, have invoked the Fifth Amendment, declining to answer questions about the president’s health and decision-making processes.
Comer argues that if it can be shown Biden lacked awareness or mental capacity when executive actions were taken, it could form the legal basis to challenge those decisions. While the U.S. Constitution doesn’t explicitly require a president’s signature for pardons, legal experts like Alan Dershowitz suggest that lack of personal authorization could still make such actions vulnerable in court.
President Biden has defended his record, stating he made every final decision during his presidency, though he admitted he did not personally review each name in broad, categorical pardons. This partial delegation has drawn criticism and further scrutiny from Comer’s committee.
In conclusion, Comer contends that the evidence—including sworn testimony, Fifth Amendment pleas, and Biden’s own admissions—points to a serious breakdown in presidential oversight. He warns that if it’s proven Biden was not competent or informed during key decisions, legal and constitutional consequences could follow.
