MEMORANDUM FOR THE ATTORNEY GENERAL
THE COUNSEL TO THE PRESIDENT
SUBJECT: Reviewing Certain Presidential Actions
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed:
Section 1. Background. The President of the United States, as the unitary head of the executive branch, holds tremendous power and responsibility through his signature: words on paper can become the law of the land, individuals are appointed to some of the highest offices in Government, national policies can be created or eliminated, and prisoners can go free. In sum, the Nation is governed through Presidential signatures.
In recent months, it has become increasingly apparent that former President Biden’s aides abused the power of Presidential signatures through the use of an autopen to conceal Biden’s cognitive decline and assert Article II authority. This conspiracy marks one of the most dangerous and concerning scandals in American history. The American public was purposefully shielded from discovering who wielded the executive power, all while Biden’s signature was deployed across thousands of documents to effect radical policy shifts.
For years, President Biden suffered from serious cognitive decline. The Department of Justice, for example, concluded that, despite clear evidence that Biden had broken the law, he should not stand trial owing to his incompetent mental state. Biden’s cognitive issues and apparent mental decline during his Presidency were even “worse” in private, and those closest to him “tried to hide it” from the public. To do so, Biden’s advisors during his years in office severely restricted his news conferences and media appearances, and they scripted his conversations with lawmakers, government officials, and donors, all to cover up his inability to discharge his duties.
Notwithstanding these well-documented issues, the White House issued over 1,200 Presidential documents, appointed 235 judges to the Federal bench, and issued more pardons and commutations than any administration in United States history. For instance, just 2 days before Christmas in 2024, the White House announced that Biden commuted the sentences of 37 of the 40 most vile and monstrous criminals on Federal death row, including several child killers and mass murderers.
Although the authority to take these executive actions, along with many others, is constitutionally committed to the President, there are serious doubts as to the decision making process and even the degree of Biden’s awareness of these actions being taken in his name.
The vast majority of Biden’s executive actions were signed using a mechanical signature pen, often called an autopen, as opposed to Biden’s own hand. This was especially true of actions taken during the second half of his Presidency, when his cognitive decline had apparently become even more clear to those working most closely with him.
Given clear indications that President Biden lacked the capacity to exercise his Presidential authority, if his advisors secretly used the mechanical signature pen to conceal this incapacity, while taking radical executive actions all in his name, that would constitute an unconstitutional wielding of the power of the Presidency, a circumstance that would have implications for the legality and validity of numerous executive actions undertaken in Biden’s name.
Sec. 2. Investigation. (a) The Counsel to the President, in consultation with the Attorney General and the head of any other relevant executive department or agency (agency), shall investigate, to the extent permitted by law, whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President. This investigation shall address:
(i) any activity, coordinated or otherwise, to purposefully shield the public from information regarding Biden’s mental and physical health;
(ii) any agreements between Biden’s aides to cooperatively and falsely deem recorded videos of the President’s cognitive inability as fake;
(iii) any agreements between Biden’s aides to require false, public statements elevating the President’s capabilities; and
(iv) the purpose of these activities, including to assert the authorities of the President.
(b) The Counsel to the President shall also investigate, in consultation with the Attorney General and the head of any other relevant agency, the circumstances surrounding Biden’s supposed execution of numerous executive actions during his final years in office. This investigation shall address:
(i) the policy documents for which the autopen was used, including clemency grants, Executive Orders, Presidential memoranda, or other Presidential policy decisions; and
(ii) who directed that the President’s signature be affixed.
Sec. 3. General Provisions. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP