House Oversight Committee Chairman James Comer has raised serious legal and constitutional questions regarding President Joe Biden’s mental fitness during his final months in office. Comer argues that his investigation could be used to challenge several executive orders and pardons, especially those signed using an autopen. He claims there’s growing evidence suggesting Biden may not have known what he was authorizing, particularly after his decline became apparent in summer 2024.

Comer emphasized that the legality of using an autopen becomes especially problematic if the President was unaware of the documents being signed. “That’s not legal,” Comer said, suggesting that criminal charges could be a possibility for those involved in managing Biden’s affairs without his full consent. Biden’s performance in the 2024 presidential debate — widely criticized for being disoriented — fueled these concerns, eventually leading to his withdrawal from the race.

According to Comer, many of Biden’s actions post-debate, including pardons and executive orders, were executed using the autopen without clear evidence of his approval. Former Harvard Law professor Alan Dershowitz supported the need for legal scrutiny, noting that the Constitution requires the president to physically “sign” bills and other official documents, which may render autopen use problematic, especially when mental competency is in question.

Comer’s committee is investigating how Biden’s aides managed his decline. Special Counsel Robert Hur’s February 2025 report highlighted Biden’s memory issues, including his inability to recall key personal and political events, further casting doubt on his ability to perform his duties.

Testimonies from former staff raised more concerns. Neera Tanden admitted she had minimal contact with Biden and relied on his inner circle for approvals. Others, including Dr. Kevin O’Connor, invoked the Fifth Amendment when questioned about Biden’s health, which Comer found suspicious.

Biden, however, defended his decisions, telling The New York Times he made all major calls, though aides admitted he did not personally review each name in the categorical pardons.