In a bold and controversial move, the Republican-led U.S. House Oversight Committee has declared all executive actions signed by former President Joe Biden using an autopen— including thousands of pardons and commutations—as null and void, citing a lack of verifiable personal authorization amid allegations of his cognitive decline. The committee’s 93-page report, released on October 28, 2025, accuses Biden’s inner circle of orchestrating a cover-up, with aides allegedly exercising presidential authority without his direct consent, leading to “invalid” decisions documented haphazardly or not at all. Chairman James Comer (R-KY) emphasized that this finding stems from interviews with over a dozen White House staffers, many of whom invoked the Fifth Amendment, and a review of 1,597 documents showing autopen use in 75% of pardons. Democrats, including Ranking Member Robert Garcia (D-CA), dismissed the probe as a “sham,” insisting all actions were fully authorized by Biden himself.

The fallout from this declaration could profoundly impact high-profile figures shielded by Biden’s preemptive clemency grants issued in his final hours on January 20, 2025, targeting perceived political enemies of incoming President Donald Trump. Among the 4,245 pardons now under scrutiny are those for Dr. Anthony Fauci and retired Gen. Mark Milley—accused by conservatives of misconduct during the COVID-19 pandemic and military decisions, respectively—as well as full immunity for the nine members and staff of the House January 6 Committee, including Liz Cheney and Bennie Thompson, who investigated the Capitol attack. These pardons, signed via autopen without clear records of Biden’s in-person approval, are deemed illegitimate, potentially exposing recipients to federal prosecution for alleged roles in pandemic policies, the 2020 election certification, and what Republicans call the “January 6 insurrection hoax.” The committee has urged Attorney General Pam Bondi to investigate, framing it as a necessary reckoning for actions that “misled the American people.”

While the Oversight Committee’s non-binding declaration lacks direct enforcement power, it has ignited calls for swift Department of Justice action, including potential referrals for criminal charges against Biden aides and the reopening of cases tied to the COVID response, election integrity, and January 6 events. Proponents argue this could lead to tribunals or detentions at Guantanamo Bay for those involved in what they term “treasonous” activities, echoing Trump’s campaign rhetoric on purging “deep state” elements. Critics warn of a dangerous politicization of justice, noting that autopen use is a longstanding presidential practice upheld by courts, and Biden himself rejected the claims in a June 2025 statement affirming his full command. As the Trump administration reviews the report, the specter of retaliatory prosecutions looms large, testing the boundaries of executive accountability in a deeply divided nation.