DOJ Investigating Autopen Forgery; But It Requires A Special Counsel

WASHINGTON - June 3, 2025 - PRLog -- Ed Martin, the Justice Department's pardon attorney, told staff that he has been directed to conduct an investigation into clemency granted by Joe Biden to determine whether Biden "was competent and whether others were taking advantage of him through use of AutoPen or other means."

If the presidential autopen was used to sign official documents without Biden's knowledge and specific authorization, it would appear to violate at least two federal criminal statutes:  the federal crime of 18 U.S.C. § 471 forgery and/or 18 U.S.C. § 495, suggests public interest law professor John Banzhaf.

In other words, whether it is done by an autopen, or by someone copying a signature by hand, it's still forgery.

The spokesperson for President Donald Trump, Karoline Leavitt, agrees with Banzhaf, saying about the investigation that "it's whether or not the president of the United States knew it was being used, and if not, who was using it in his name, which is clearly, illegal behavior." [emphasis added]

Moreover, any such documents bearing a forged signature would appear to be invalid, says the law professor.

Also, the House Oversight Committee has begun investigating the potential abuse of Biden's autopen, including the possible issuance of subpoenas to former First Lady Jill Biden and Joe Biden's former Chief of Staff, Ron Klain.

But the regulation governing the situation says that, once such an investigation is warranted, the Attorney General "will"  appoint a special counsel if there is a conflict of interest and if it would be in the public interest.

It's hard to imagine a clearer conflict of interest than a criminal investigation, ultimately controlled by a Republican president, of a former vice president who is a leading candidate for president, the wife of the former president, and key members of the former president's staff.

So, since the DOJ has already determined that an investigation "is warranted," and because such an investigation by the DOJ "would present a conflict of interest" and obviously "would be in the public interest," controlling federal law requires - as indicated by use of the word "will" rather than "may" or even "shall" - that a special counsel be appointed to take over this just-announced investigation of possible autopen forgery, says Banzhaf.

To avoid the conflict of interest the law is designed to protect against, 28 CFR § 600.3 requires that "The Special Counsel shall be selected from outside the United States Government."

Any failure to follow the clear requirements of federal law with regard to a criminal investigation of possible unauthorized use of the president's autopen could be used to challenge any subpoenas issued, indictments issued, or convictions obtained, suggests Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com  @profbanzhaf