Imagine waking up one morning, grabbing your phone, and seeing that the President of the United States has essentially wiped out huge chunks of the previous administration’s legacy with a single social-media post. No press conference, no formal proclamation – just a fiery message declaring almost everything the prior president touched “terminated.” Sounds like something out of a political thriller, right? Well, welcome to late 2025.
That’s exactly what happened when Donald Trump took to Truth Social and announced he was canceling every document Joe Biden ever signed with an autopen. Not some, not most – virtually all of them. And he didn’t mince words about why.
The Autopen Bombshell Nobody Saw Coming
For years, the use of autopen machines – robotic devices that perfectly replicate a person’s signature – has been an open secret in the White House. Presidents going back to Harry Truman have used them for routine correspondence, photos, and even some official documents when they’re traveling or simply swamped. Totally legal, totally normal.
But during the Biden years something changed. Reports started surfacing – first as whispers, then as full-blown investigations – that the autopen wasn’t just being used occasionally. It was being used constantly. We’re talking potentially 90% of executive orders, regulations, pardons, you name it. And the timing raised eyebrows: the heavier the autopen usage, the more visible Biden’s cognitive struggles became.
Whistleblowers, congressional probes, even timelines published by investigative outlets all pointed to the same uncomfortable question: Was Joe Biden actually approving these documents, or was the autopen being operated by staff while the president was… elsewhere?
What Trump Actually Said – Word for Word
“Any document signed by Sleepy Joe Biden with the Autopen, which was approximately 92% of them, is hereby terminated, and of no further force or effect.”
– Donald Trump, Truth Social, November 2025
He went on to argue that the Constitution and federal law require the president himself to authorize every significant action. An autopen, in his view, is only valid if the president personally and explicitly okays its use for that specific document. Anything less, Trump claims, is illegitimate.
Then came the line that made jaws drop nationwide:
“Joe Biden was not involved in the Autopen process and, if he says he was, he will be brought up on charges of perjury.”
Yes, you read that right. The sitting president threatened the former president with criminal prosecution over signature authority. We’ve officially entered uncharted territory.
Is the Autopen Actually Illegal Without Direct Approval?
Here’s where things get murky – and fascinating.
Historically, courts and the Department of Justice have taken a pretty relaxed view. A 2005 DOJ opinion explicitly stated that the president can authorize the use of an autopen even for bills becoming law. Presidents Obama and Biden both relied heavily on the device, especially during the pandemic when physical presence was limited.
But Trump’s team is hanging their argument on a narrower point: while the autopen may be fine for routine matters, major executive orders, regulatory changes, and especially pardons may require the president’s direct, knowing approval – not just a blanket delegation to staff.
In my view – and I’ve followed presidential power debates for years – this is less about settled law and more about creating a new precedent. If Trump succeeds in voiding these actions, he’ll have effectively invented a retroactive “cognitive competence” test for presidential actions. That’s explosive.
What Could Actually Get Canceled?
If Trump’s declaration somehow holds up – a big “if” – the list of affected policies is staggering. Think about everything the Biden administration pushed through in its first two years when Democrats controlled Congress and executive action was the main tool:
- Student loan forgiveness programs
- EV mandates and EPA emissions rules
- Major DEI and ESG regulatory changes
- COVID-era workplace mandates (if any lingered)
- Border and immigration executive orders
- Hundreds of lesser-known regulations on everything from appliances to fisheries
Even more controversial? The pardons. If Hunter Biden’s pardon – and others issued in the final months – were autopen-signed without clear evidence of Joe Biden’s direct approval, those could theoretically be challenged too.
The Immediate Legal Firestorm
Within hours of Trump’s post, the usual suspects swung into action.
Progressive legal scholars called it “authoritarian cosplay.” Conservative scholars called it “long-overdue accountability.” The ACLU promised lawsuits. The Heritage Foundation promised amicus briefs defending Trump. Everyone picked their lane.
But here’s the practical reality: executive orders aren’t magic spells. They direct federal agencies how to interpret existing law. If Trump instructs agencies to stop enforcing Biden-era rules on day one, most of those policies die regardless of whether a court ever rules on the autopen question.
In other words, the legal fight might be symbolically massive but practically irrelevant for huge swaths of policy. The bureaucracy will simply pivot.
Why This Feels Bigger Than Policy
Let’s be honest – this isn’t really about signature machines.
It’s about legitimacy. It’s about whether millions of Americans believe the last four years were conducted by a president fully in command – or by a shadow cabinet using his name while he faded. Trump is betting that enough of the public (and enough judges) harbor doubts that they’ll let this audacious power play stand.
And in a way, he’s forcing everyone to confront the question we’ve all avoided asking out loud: At what point does cognitive decline invalidate presidential action? There’s no 25th Amendment invocation here, no resignation – just a slow, visible deterioration while staff kept the autopen humming.
It’s uncomfortable. It’s unprecedented. And it’s now the defining constitutional crisis of our time.
Where This Goes From Here
My prediction? The Supreme Court will eventually get the case – probably multiple cases – and they’ll dodge the hardest questions. They’ll likely rule that Trump has the authority to revoke prior executive orders regardless of how they were signed, making the autopen debate moot.
But the political damage will be done. The precedent will be set: future administrations can question the validity of their predecessors’ actions on almost any grounds – health, intent, even “vibes.”
We wanted the imperial presidency to return with a vengeance. Careful what you wish for.
One thing is certain: the next four years are going to make the last eight look quaint. Buckle up.
