Top Biden aide admits to Congress she directed autopen signatures without knowing who gave final approval

Neera Tanden said she never discussed Biden's mental acuity with other White House officials during time as top aide

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By Alec Schemmel , Elizabeth Elkind

A former top aide to President Joe Biden said she was authorized to direct autopen signatures but was unaware of who in the president's inner circle was giving her final clearance, according to a source familiar with the aide's closed-door testimony in front of Congress Tuesday.

Neera Tanden, the former director of Biden's Domestic Policy Council, testified for hours Tuesday during an interview in front of the House Oversight Committee, which is investigating the former president's mental acuity and his use of an automatic signature tool that allowed aides to sign pardons, memos and other important documents on Biden's behalf.

During Tanden's interview before Congress, which lasted more than five hours, she told lawmakers that, in her role as staff secretary and senior advisor to the former president between 2021 and 2023, she was authorized to direct autopen signatures on behalf of Biden, an Oversight Committee official told Fox News.

The system of approval used, according to Tanden's testimony relayed to Fox News, was inherited from previous administrations.

Neera Tanden, the former director of Biden's Domestic Policy Council, testified for more than five hours Tuesday behind closed doors as part of House Republicans' investigation into the former president's mental acuity and his use of an automatic signature tool that allowed aides to sign memos, documents and other important documents on Biden's behalf. (Getty Images)

Tanden, who reportedly said during her testimony that she had limited interactions with Biden in her role, according to sources familiar with her testimony, described an approval process that left her – at least partly – in the dark about who specifically was giving final approval on the decisions to use the automatic signature tool, even though she simultaneously insisted Biden was in charge.

Tanden reportedly testified that to get approval for the use of autopen signatures she would send decision memos to members of Biden's inner circle. However, she added that she was not aware of what actions or approvals took place between the time she sent the decision memo and the time she received it back with the necessary approval, according to the source familiar.

"Ms. Tanden testified that she had minimal interaction with President Biden, despite wielding tremendous authority," remarked House Oversight Chairman James Comer. "She explained that to obtain approval for autopen signatures, she would send decision memos to members of the President’s inner circle and had no visibility of what occurred between sending the memo and receiving it back with approval. Her testimony raises serious questions about who was really calling the shots in the Biden White House amid the President’s obvious decline. We will continue to pursue the truth for the American people."

Per an Oversight Committee staffer in the minority, the characterization that Tanden testified she was in the dark when it came to who was giving final approval for the autopen is "a lie," noting in a statement sent to Fox News Digital a day after Tanden's testimony that the former White House staffer received "written sign off [from Biden] on every executive action she presented him with."

"Any other characterization is a distortion of the testimony," the official said. "To intimate that Neera Tanden said President Biden did not approve every single presidential decision and sign off on every executive action coming out of the White House is a lie."

Tanden's attorney, Michael Bromwich, echoed the staffer's statement in comments to Fox News Digital the following day after Tanden's testimony as well.

"The autopen was used … only after the President personally approved the decision," he insisted. "Aides at no time signed these documents on President Biden’s behalf." Bromwich added that Tanden was "never" in the dark about who was giving final approval decisions.

Neera Tanden, Biden's former director of domestic policy, was the first of several aides Republicans will question about the former administration's use of the White House's autopen tool. (Getty Images; Fox News)

Tanden was reportedly asked during her testimony whether she ever discussed Biden's health or his fitness to serve as president during her time as a top aide, including during the period of the former president's widely criticized debate performance last summer. Tanden said she did not, responding "no" every time lawmakers laid out names of officials she could have potentially discussed it with, according to a source familiar with her closed-door testimony.

Tanden did not speak to reporters on the way to the Capitol Tuesday morning. Upon exiting, she expressed her willingness to cooperate with the ongoing investigation.

"I just spoke with the House Oversight Committee, Majority and Minority Council. I answered every question, was pleased to discuss my public service and it was a thorough process. And I'm glad I answered everyone's question," Tanden told reporters.

When subsequently asked whether there was any effort to hide Biden's condition, Tanden replied, "Absolutely not."

In addition to Tanden, Biden's former White House physician, Dr. Kevin O'Connor, will appear for a deposition before House Oversight lawmakers after being subpoenaed by Republicans. Three other high-level staffers have also agreed to testify. (DOJ/Getty)

In addition to Tanden, Biden's former White House physician, Dr. Kevin O'Connor, will appear for a deposition in front of House Oversight lawmakers after being subpoenaed by Republicans.

The Oversight Committee also plans to hear from Anthony Bernal, who served as a senior advisor to former first lady Jill Biden; Annie Tomasini, who was Biden's former deputy chief of staff; and Ashley Williams, who was the former deputy director of Oval Office operations under Biden.

Oversight Republicans are also seeking interviews with officials who were some of Biden's closest confidants, including former chief of staff Ron Klain and Anita Dunn, a former senior advisor to the president for communications.

Fox News' Rich Edson and Krista Garvin contributed to this report.