Republican Rep. James Comer, leading a probe into former President Joe Biden's cognitive state during his presidency, is focusing a significant part of his investigation into the use of an "autopen" to sign documents, claiming it is illustrative that he was not actually leading the country.
However, NBC News reported on Tuesday that Comer has been using a digital signature, meaning that he did not sign the documents himself. Reviewing the documents' metadata, the outlet noted that Comer sent 16 letters to former Biden White House officials requesting transcribed interviews.
Comer also sent subpoenas to White House physician Dr. Kevin O'Conner and senior aide to then-first lady Jill Biden Anthony Bernal. The cover letters for both were signed with digital images, a practice known as "wet signature," and the documents were created by someone other than Comer.
"Using digital signatures for official correspondence is a common practice for both Republicans and Democrats in the House of Representatives. Chairman Comer has never hidden the fact that he uses a digital signature when appropriate, and he approves all official correspondence that is signed digitally," said a spokeswoman from the House Oversight Committee when answering to the outlet.
"Comparing Chairman Comer's use of digital signatures for letters to the unauthorized use of an autopen in the Biden White House for legally binding executive actions is absurd and misleading. The two are not even remotely comparable," she added.
The outlet noted that the use of digital signatures has been common in Washington for decades. Comer, on his end, acknowledged that the use of autopen is acceptable at times, but shouldn't be used for "legal documents."
Federal law permits the use of autopen with the president's prior approval, and the method has long been considered legally binding. Nevertheless, Comer insisted in his interview that the use of autopen could raise "serious constitutional questions" about the legitimacy of Biden's executive actions.
Legal experts have dismissed Comer's comments, noting that autopen use has never been successfully challenged in court when authorized by a sitting president.
Biden has rejected not being in control of decision made in the White House, including the use of autopen. "I made every decision," he told The New York Times in an interview last week. He also called Republicans challenging him "liars."
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