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FIRST ON FOX: A Senate Republican desires to construct a paper path of former President Joe Biden’s autopen utilization with the tip objective of calling extra hearings, passing laws or amending the Structure to greatest handle “a mentally incapacitated president.”
Sen. Eric Schmitt, chair of the Senate Judiciary Subcommittee on the Structure, is requesting particular entry beneath the Presidential Information Act to a trove of Biden-era paperwork and memos that chronicle his utilization of an autopen.
In a letter to Secretary of State and Performing Nationwide Archivist Marco Rubio solely obtained by Fox Information, Schmitt argued that making a paper path of key directives made towards the tip of his presidency would assist in “deciding which legislative treatment is most applicable.”
TOP BIDEN AIDE ADMITS TO CONGRESS SHE DIRECTED AUTOPEN SIGNATURES WITHOUT KNOWING WHO GAVE FINAL APPROVAL
Neera Tanden, the previous director of Biden’s Home Coverage Council, testified for greater than 5 hours Tuesday behind closed doorways as a part of Home Republicans’ investigation into the previous president’s psychological acuity and his use of an automated signature software. (Getty Pictures)
“Particularly, the elevated use of the autopen to signal pardons, govt orders, and different paperwork as his Presidency progressed turned a poignant image of President Biden’s psychological decline and has created questions concerning the validity of these orders and pardons if President Biden didn’t direct the usage of the autopen,” he wrote.
Schmitt requested entry to a slew of paperwork, together with memos about procedures for utilization of the autopen, who was granted authority to make use of the autopen and emails from employees authorizing or requesting authorization for autopen utilization.
SENATE HEARING ON WHO WAS ‘REALLY RUNNING’ BIDEN WHITE HOUSE KICKS OFF WEDNESDAY

Sen. Eric Schmitt, R-Mo., arrives for a Senate Judiciary Committee listening to in Dirksen constructing Tuesday, June 17, 2025. (Getty Pictures)
He additionally requested entry to all White Home information after Nov. 1, 2024, that refer or relate to presidential pardons; that prioritize briefing books, memos and determination memos for pardons; and, finally, entry to all White Home information after Nov. 1.
“With that data, the subcommittee will probably be higher positioned to make sure that any potential proposed modification will probably be sufficiently complete in order to handle any believable contingency regarding a mentally incapacitated President,” Schmitt wrote.
“It could be difficult sufficient to amend the Structure as soon as — a lot much less greater than as soon as if it then subsequently turned out not all contingencies round presidential incapacity had been adequately thought-about.”
Schmitt’s letter comes after the Senate Judiciary Committee’s listening to on Biden’s alleged psychological decline whereas in workplace and the way the autopen may have performed a central position in his internal circle’s alleged try to skirt the Structure whereas persevering with to hold out the duties of the workplace.
EX-WHITE HOUSE OFFICIALS TO TESTIFY ON WHO ‘REALLY RAN THE COUNTRY’ DURING BIDEN ERA

President Donald Trump speaks with reporters whereas flying aboard Air Pressure One en route from Calgary, Canada, to Joint Base Andrews, Maryland, late Monday, June 16, 2025. (AP Photograph/Mark Schiefelbein)
It additionally explicitly mentions the closed-door, transcribed listening to with Biden’s former director of the Home Coverage Council, Neera Tanden, carried out by the Home Oversight Committee this week.
A supply advised Fox Information Digital that in the course of the transcribed interview, which lasted 5 hours, Tanden testified she had “minimal interplay with President Biden” in her position as employees secretary and that to acquire autopen signatures, she would ship determination memos to members of Biden’s internal circle.
She mentioned in the course of the interview she was not conscious of what actions or approvals occurred between the time the memo was despatched out and returned with approval.
Nonetheless, Tanden’s opening assertion, shared with Fox Information Digital by her lawyer, Michael Bromwich, mentioned that, as employees secretary, she was chargeable for “dealing with the move of paperwork to and from the President” and that she was approved to direct that autopen signatures be “affixed to sure classes of paperwork.”
“We had a system for authorizing the usage of the autopen that I inherited from prior Administrations,” Tanden mentioned. “We employed that system all through my tenure as Workers Secretary.”
She was later named director of Biden’s Home Coverage Council and mentioned she was not chargeable for the move of paperwork and was not concerned in selections associated to the autopen.
“I’d observe that a lot of the general public dialogue on the subject material of this listening to has conflated two very completely different points: first, the president’s age and second, whether or not President Bident was in command as President,” she mentioned. “I had no expertise within the White Home that would offer any cause to query his command as President. He was in cost.”
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Schmitt requested that entry to the swathe of memos and communications be granted no later than July 16.
“It will be significant for this subcommittee to have a transparent image of President Biden’s decision-making capability on the finish of his presidency and to know the extent to which members of his internal circle presumably usurped the President’s decision-making authority,” he wrote.
Fox Information Digital’s Liz Elkind contributed to this report.