- Jerome Powell, Chair of the Board of Governors, first appointed by Trump in 2018 and reappointed by Biden in 2021. His current term as chair expires in May.
- Philip Jefferson, Vice Chair, confirmed in 2023.
- Michael Barr, Vice Chair for Supervision, confirmed in 2022.
- Lisa Cook, Governor, confirmed in 2022.
With Powell, Jefferson, Barr and Cook serving simultaneously, Biden appointees hold a majority of the seven-seat board. According to an overview from the Federal Reserve Board, governors serve staggered 14-year terms and must be confirmed by the Senate. Each receives a presidential commission bearing the president’s signature; use of an autopen is legally permissible when authorized in advance.
Context of the remarks
Trump’s allegation aligns with a broader argument he has made since returning to the White House for his second term in January: that documents signed by autopen during the Biden administration should be considered void. The contention surfaced while Trump promoted his economic agenda in Pennsylvania and sought to counter Democratic messaging on affordability concerns.
The claim also came amid ongoing tension between the president and the central bank. Since January, Trump has repeatedly urged the Fed to reduce interest rates more aggressively, criticizing Powell when policy decisions did not align with his requests. The FOMC cut its benchmark rate in September and again in October, marking the first two reductions of Trump’s current term. Economists widely anticipate a third cut when the committee concludes its meeting on Wednesday.
What is an autopen?
An autopen is a device that reproduces a person’s actual signature. Federal law allows presidents to delegate signature authority under specific conditions. A 2014 analysis by the Congressional Research Service noted that documents endorsed by autopen carry the same legal weight as those signed by hand, provided the president grants prior approval. The White House routinely discloses when an autopen is used, particularly for legislation or high-profile appointments.
Trump did not specify any statutory basis for challenging the legitimacy of autopen-signed commissions, nor did he indicate whether the White House counsel had reviewed the matter. He instead directed Bessent from the podium. “Have you checked that? Are you hearing it?” he asked, suggesting that “maybe all four” commissions were involved and concluding, “We’ll take two,” a remark without further elaboration.
Potential implications
If a presidential commission were deemed invalid, the affected official could be considered unlawfully installed, potentially calling past votes or policy decisions into question. No court has ruled that a properly authorized autopen signature invalidates a commission, and no evidence has emerged that Biden exceeded his authority when using the device. Past presidents of both parties have relied on autopen technology, particularly when traveling.
Legal scholars note that the Presidential Succession Act and other statutes explicitly recognize delegated signature authority. Nevertheless, Trump’s comments signal possible scrutiny of the Fed’s recent actions, including rate adjustments and regulatory initiatives championed by Jefferson, Barr and Cook.
Immediate response
The Federal Reserve did not issue an immediate statement reacting to the president’s remarks. No White House response was available at the time of Trump’s speech, and Biden has not publicly addressed the allegation. Powell and his colleagues are expected to appear at a press conference following Wednesday’s FOMC decision, where questions about the commissions may arise.
Market analysts observed that Trump’s comments did not noticeably affect futures pricing for a quarter-percentage-point rate reduction widely expected from the meeting. Investors continued to watch for the committee’s updated economic projections, which will outline members’ views on growth, inflation and the appropriate path of interest rates.
As of Tuesday evening, the Senate Banking Committee, which oversees the Fed, had not announced plans to review the legitimacy of the four governors’ commissions. In the past, the committee has deferred to the White House and the Department of Justice for guidance on autopen usage.
Whether Trump pursues formal action remains uncertain. The president concluded his remarks in Mount Pocono by reiterating, “I think it’s something we have to look into.”
Crédito da imagem: Getty Images