Sen. Josh Hawley (R-MO) issued a forceful demand during a Senate Judiciary Committee hearing on Tuesday, calling on President Joe Biden to immediately release all documents related to the use of an autopen in signing pardons, clemencies, and stays. Hawley warned that if the White House fails to comply, Congress should issue a subpoena to uncover the truth.
Hawley questioned Theodore Wold, former Deputy Assistant to the President, about the legality of using an autopen without the president’s direct authorization. “Autopen means not signed by the person,” Hawley stated. “OLC says only when the President specifically directs it and it is under his direct authorities.” Wold confirmed the senator’s interpretation, affirming that specific presidential direction is legally required.
Wold explained that, under standard White House procedure, documentation should exist confirming the president’s assent. This would include memoranda or briefing books from the staff secretary. “None of that has come forward,” Wold testified. “That would be very easy to dispel some of these concerns.”
Hawley responded by challenging the White House to prove its actions were lawful. “Release the documents. You have them. You know you have them,” he said. He demanded full disclosure of every record showing presidential authorization for each individual use of the autopen in pardons and clemencies.
“If you are really not embarrassed about it and you think it was totally constitutional, release the paper flow,” Hawley continued. “Show us the documents.”
He concluded with a warning: “If you will not do it, we should subpoena those documents. We should find out the truth of who was really running the White House, because I think we can see it was not Joe Biden.”
The Biden administration has not yet responded to the demand. The lack of transparency continues to raise concerns about the president’s role in official acts and who is truly making executive decisions within the administration.
