Senator Eric Schmitt (R-MO) took bold action Thursday to expose what he called one of the most alarming scandals in U.S. history, demanding access to sealed Biden administration documents related to the use of the presidential autopen. His move follows closed-door testimony from former White House official Neera Tanden, who admitted under oath that she controlled the autopen for over a year and a half.
Tanden, who served as Director of the White House Domestic Policy Council, testified to the House Oversight Committee that she was authorized to use President Joe Biden’s autopen from October 2021 to May 2023. More significantly, she revealed that she used it without direct confirmation from Biden himself—a claim that raised serious legal and constitutional concerns.
The autopen, a device used to replicate the president’s signature, was reportedly used to authorize official actions, including the pardoning of six convicted criminals in December 2022 while Biden was vacationing in St. Croix. Tanden denied any wrongdoing and rejected accusations of a cover-up regarding Biden’s mental fitness, but her testimony only deepened Republican concerns.
Senator Schmitt, Chairman of the Senate Subcommittee on the Constitution, announced a “special access request” under the Presidential Records Act to obtain sealed documents from the National Archives. He argued that these records are essential to determine whether unelected officials were effectively making decisions in the president’s name.
Schmitt told Fox Business, “This is a bigger scandal than Watergate,” and warned of the constitutional danger of allowing unnamed aides to exercise presidential authority. He has requested all Biden White House records related to autopen use, including memoranda on procedures, authorizations, pardons, the Equal Rights Amendment declaration, and any internal discussions concerning the 25th Amendment.
“The Biden mental decline cover-up is real,” Schmitt said. “We need to know who was running the country, and we must ensure this never happens again. We can’t be ruled by the autopen.” He emphasized the critical nature of transparency in presidential actions.
Schmitt concluded that once the documents are obtained, the subcommittee will begin work on crafting legislative safeguards. “The only way to prevent this from happening again is to expose it fully and ensure Congress reasserts oversight,” he said.