Trump signed memorandum directing DOJ to investigate Biden's autopen use and alleged cognitive decline, without evidence

On June 4, 2025, President Trump signed a presidential memorandum titled "Reviewing Certain Presidential Actions," directing White House Counsel David Warrington and Attorney General Pam Bondi to investigate "whether certain individuals conspired to deceive the public about Biden's mental state and unconstitutionally exercise the authorities and responsibilities of the President." The memo further directed investigation into "the circumstances surrounding Biden's purported execution of numerous executive actions" through alleged autopen use, framing longstanding and legally settled executive branch practices as potential fraud.

Legal experts immediately noted that autopen use has been settled law since a 2005 Department of Justice Office of Legal Counsel opinion, used by Presidents Bush and Obama without legal challenge. Biden denied the allegations. Trump himself undermined the premise the following day, acknowledging at a press availability that he had not uncovered evidence documents were signed without Biden's approval. No credible evidence was presented in the memorandum or by the administration to support the investigation's factual premise.

The memorandum formally directed DOJ resources against a predecessor administration on legally baseless grounds, extending Trump's campaign to retroactively delegitimize Biden's presidency. By tasking the Attorney General with investigating a political predecessor at White House direction — and without evidentiary foundation — the action treats the federal law enforcement apparatus as an instrument of partisan retribution rather than a constitutionally independent institution.