12/22/2025
Former President Joe Biden has lost a battle in his effort to limit the investigation into the use of the autopen during his presidency.
Biden had contacted the National Archives in an effort to claim executive privilege over certain documents, but the Trump administration turned down the request Tuesday, Fox News has reported.
"I am concerned that disclosure of these materials would damage important institutional interests of the Presidency, including by impairing the ability of future Presidents to receive robust, candid advice from their close advisers,” Biden said in an Oct. 1 letter to the Archival Operations Division of the National Archives and Records Administration
“For these reasons, I hereby assert executive privilege over the documents listed," he wrote.
Time to put the "pardoned" criminals back in jail and hold the staffers to account.
President Trump is right—it's not in the best interest of Americans to shield the records relating to the Biden autopen.
Thank you, Mr. President, for standing up for my special access request. pic.twitter.com/dR7629riRv
— Senator Eric Schmitt () December 16, 2025
"I have raised no objections to multiple requests for Presidential records from my Administration, and hundreds of documents have already been provided to Congress pursuant to those requests, but the records now proposed for release include documents reflecting presidential decisionmaking and deliberations and other materials that are protected by executive privilege," Biden wrote.
White House Counsel David Warrington said in a letter to the Archives that the claim for presidential immunity should be rejected.
"President Trump has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents requested by the United States Congress," the letter to the Archives said.
Joe Biden's Autopen signatures are null, void, and of no further force or effect!! pic.twitter.com/JQ8KmYwyQG
— SpiritualStreetfighter 17 () December 2, 2025
“As President Trump has stated, the abuse of the autopen that took place during the Biden Presidency, and the extraordinary efforts to shield President Biden’s diminished faculties from the public, must be subject to a full accounting to ensure nothing similar ever happens again," Warrington wrote.
"Similarly, President Biden’s repeated abuses of the rights of American citizens during the pandemic and his politically motivated efforts to investigate Members of Congress must also be subject to a full accounting to ensure nothing similar ever happens again,” Warrington wrote.
“Congress has a compelling need in service of its legislative functions to understand the circumstances that led to all these horrific events," the letter said.
The letter said that "These are unique and extraordinary circumstances. Congress is examining an assault on the President's constitutional duties, the civil liberties the Constitution provides all Americans, and the democratic institution of Congress itself."
"The constitutional protections of executive privilege should not be used to shield, from Congress or the public, information that reflects a clear and apparent effort to subvert the Constitution itself," he wrote.
🚨 Biden Autopen Records Update:
⏰️ Oct. 1, 2025: Former Pres. Biden asserts executive privilege to block release of autopen-related presidential records to Congress.
⏰️ Dec. 16, 2025: Trump admin rejects Biden's claim—records now cleared for release to investigators… pic.twitter.com/mFTSyDWPd2
— Jason American Patriot™ () December 17, 2025
Further, Warrington noted that the signature on the letter seeking immunity did not match signatures on pardons for his son, Hunter, and for other family members.
Congress has launched investigations into the use of the autopen in the Biden White House, while President Donald Trump has said that all documents signed with the autopen should be invalid.
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