Former President Donald Trump rejected former President Joe Biden’s request to invoke executive privilege as Congress investigates Biden’s extensive use of an autopen during his presidency.

Biden and his staff relied heavily on the autopen to sign pardons, executive orders, proclamations, and commutations. Trump has argued that Biden was mentally disengaged for much of his term and declared earlier this month that documents signed by the autopen should be considered invalid. Trump has also mocked the practice, including displaying an image of an autopen used for a Biden portrait inside the White House.

According to Fox News Digital, Biden formally requested executive privilege in an October 1, 2025 letter to the National Archives and Records Administration, claiming disclosure of documents would harm the presidency by limiting candid advice to future presidents.

The Trump administration rejected that request on Tuesday. White House Counsel David Warrington responded that Biden’s use of the autopen constituted an abuse of power and said the matter must be fully investigated to prevent similar actions in the future.

Warrington also said efforts by Biden’s team to conceal the president’s mental decline warranted scrutiny, along with what he described as abuses of civil liberties during the COVID pandemic and politically motivated investigations of members of Congress.

He stated that Congress has a legitimate need to review the documents as part of its legislative oversight responsibilities and that shielding them would not serve the country’s interests.

Warrington concluded that President Trump determined executive privilege should not be asserted for any of the requested materials, allowing congressional investigations to proceed.

Warrington also noted discrepancies between Biden’s signature on the privilege request letter and signatures used on other official documents, including the pardon of Biden’s son, Hunter Biden.

House Oversight Committee Chairman James Comer said the use of the autopen could become one of the largest political scandals in U.S. history, adding that the alleged cover-up of Biden’s mental condition by his administration and the media should be remembered as a serious breach of public trust.