Cruz ADDRESSES Scandal — Constitutional Crisis EXPLODES

Man speaking passionately into a microphone on stage.

Senator Ted Cruz accuses the Biden administration of triggering a constitutional crisis by using an autopen device to sign thousands of pardons and commutations without proper presidential oversight, potentially invalidating the largest mass clemency actions in U.S. history.

Story Highlights

Biden administration allegedly used autopen to sign over 4,000 pardons and commutations, bypassing constitutional requirements
Cruz warns of constitutional crisis and calls for accountability of officials who may have violated presidential signature requirements
House Oversight Committee investigation in final stages, with findings expected soon on this “historic scandal”
Internal Biden administration emails reveal staff concerns about autopen legitimacy for clemency actions
Legal experts question whether mechanical signatures satisfy Article II constitutional requirements for presidential pardons

Constitutional Crisis Allegations Surface

Senator Ted Cruz has formally accused the Biden administration of violating constitutional requirements by delegating presidential signature authority to an autopen device for thousands of pardons and commutations. Cruz warned Attorney General Pam Bondi that this practice represents a potential constitutional crisis, arguing that clemency powers require direct presidential involvement and cannot be mechanically delegated. The Texas senator specifically highlighted that if clemency was not personally directed by President Biden, administration officials responsible for the autopen scheme must face accountability.

Unprecedented Scale of Autopen Clemency Actions

The Biden administration issued approximately 1,500 commutations and 39 pardons in December 2024, followed by roughly 2,500 additional commutations in January 2025—marking the largest single-day clemency action in American history. Reports emerged in July 2025 revealing that many of these documents bore autopen signatures rather than Biden’s personal signature, raising questions about the legitimacy of over 4,000 clemency actions. This massive scale distinguishes the controversy from previous autopen use, which typically involved routine administrative documents rather than constitutionally mandated presidential powers.

Congressional Investigation Intensifies

House Oversight Committee Chairman James Comer announced the investigation is in its final stages, describing the situation as a “historic scandal with massive repercussions.” Internal Biden administration emails obtained by investigators reportedly show White House staffers expressed concerns about using autopen for pardons, suggesting awareness of potential legal problems within the administration. The Justice Department is simultaneously conducting its own investigation into the legality and procedural validity of the autopen-signed clemency documents, with findings expected to determine whether thousands of clemency actions remain legally valid.

Legal Experts Question Constitutional Validity

Constitutional law scholars emphasize that presidential pardons represent an inherently personal executive power under Article II, Section 2 of the Constitution, traditionally requiring individual presidential review and signature. Legal experts note the lack of clear precedent for autopen use in clemency actions, contrasting it with routine legislation where mechanical signatures have been accepted by courts. The controversy differs significantly from President Obama’s 2011 autopen use for a bill while traveling abroad, as clemency powers are considered more personal and constitutionally sensitive than legislative signatures.

Ted Cruz accuses Biden of breaking pardon rules with autopen use after bombshell report | @FoxNews https://t.co/QBdv4bp61R

— Ted Cruz (@tedcruz) September 9, 2025

The resolution of this investigation will likely establish important precedents for executive branch procedures and the authentication requirements for presidential actions. Cruz has offered to assist ongoing investigations, emphasizing that constitutional fidelity and proper checks and balances must be preserved to maintain public trust in executive clemency powers and prevent future circumvention of presidential oversight requirements.