Are Biden’s Autopen Orders Legal?; Federal Reserve Cuts Rates | NTD Newsroom (Oct. 29)

Welcome to NTD Newsroom. I'm Don Ma. President Trump says the US has reached a trade deal with South Korea. He also discussed fentanyl tariff reductions for China, the stability of the Gaza ceasefire, and a third presidential term. The government shutdown becoming more painful for regular Americans. What are the latest messages from Republican and Democratic leaders? House Republicans released a report claiming the Biden administration's use of an autopen proves Joe Biden wasn't actually making decisions while president. We discussed this with a legal expert. Power demand is up and rising. With it is nuclear generation in the US. Analysts are projecting it will increase by nearly 30% in the coming decades. President Trump plans to raise the issue of imprisoned Hong Kong pro-democracy activist Jimmy Lie in his upcoming meeting with Chinese regime leader Xi Jinping. We discussed the significance of this with the friend of Jimmy Lie. An update on the $100 million Lou Jewel heist. Two suspects in the heist have confessed, but the jewels are still missing. [Music] This is NTV Newsroom live from our global headquarters in New York City. [Music] House Republicans released a report claiming the Biden administration's use of an autopen shows Joe Biden wasn't actually making decisions while president. Joining us to discuss is Bobby Anne Cox, civil rights attorney, fellow at the Brownstone Institute and legal analyst. So Bobby Anne, always great to see you. Good afternoon. Um, you know, there is president of using the autopin by past presidents. Uh, so in this case, Republicans alleged former President Biden's mental decline was covered up. Uh, so some some of his executive actions should be canceled out. So my question to you is does a president's cognitive abilities factor into the legality of authorizing the autopin? >> Well, sure. Yes, it does. I mean, if if you have somebody that's um waning in their mental capacity and they're not really aware of what they're doing uh and they're signing legal documents uh with the power and the force of the presidency of the United States, then obviously yes, their their mental capacity does come into question. Uh their mental capacity is an issue. And um that's exactly what this investigation by this House committee was doing. you know, they were looking into um in particular President Biden's mental capacity and his use of the auto pen uh which is basically a machine that signs uh someone's signature and uh whether or not he knew what was being signed by autopen uh whether or not he authorized what was being signed by auto pen. Um and this investigation was very detailed uh that the House Oversight Committee performed. Uh they just issued their report yesterday uh excuse me. And basically it says that this was a a huge problem and they had uh multiple witnesses uh testified. I believe they had uh depositions uh 47 hours worth of depositions that they went through uh in this investigation. So it was very detailed. Um, but you know, they were interviewing people that were close to Biden uh during his presidency who were working with him and for him in the White House. Uh, and a lot of that testimony is is showing that, you know, there were instances where people did not even speak to President Biden before having uh the authority to use the autopen. Um, and these were things that were, you know, second and thirdand conversations and without the the person actually uh talking to Biden to confirm that he was authorizing certain signatures by autopen. Uh, so yes, this this is a this is a big problem and um this certainly can lead to some legal challenges and ramifications hereafter. So those things detailed in the report does that constitute as evidence? Um can I ask you what kind of proof would be needed to show that an executive order was not personally approved by the president? >> Right. So you know you do need to have some sort of evidence. uh you know if you don't have any sort of a paper trail at all uh showing that the president authorized something to be signed and have his name affixed to a legal document. You don't have any emails uh you know showing his authorization. You don't have any uh recorded uh phone conversations. Uh you don't have any text messages uh showing that he authorized this or even that it was discussed uh and he gave the approval. uh you know, if you don't have any evidence to back up any of these things uh that were signed by autopen that really opens the door to the question of well, if he didn't authorize it, we can't prove that he authorized it, who did authorize it? Um and these testimonies that were given during this uh this oversight uh hearing committee investigation certainly could be used as evidence. I mean, you know, when when you give a deposition, uh you do have to, you know, swear an oath that you will tell the truth and the whole truth. And so, uh that can become evidence uh if this is going to turn into either an investigation by the Department of Justice or if legal action is going to be taken uh at some point down the road. Yes, for certain they can use some of this testimony that was given during this investigation because as I said, those people were testifying under oath. Uh so use it uh as evidence to to find out, you know, what is the truth? What was going on? Uh what did Biden know and not know? uh a and see if there was something that was illegal going on because you you cannot affix the signature of the president to a legal document uh without having specific authorization from the president. That would be an illegal uh illegal move and and unconstitutional. Our constitution is clear. Certain actions are taken by the president uh not to be delegated to other people or other branches of the government. Uh so it is a serious question. Absolutely. >> So what would be the legal consequences if it is uh in fact found that these executive actions were unauthorized? >> Right? So, you know, this means that if President Biden did not authorize the use of his signature by autopen on certain documents, whatever those documents are, whatever they say, uh would not actually have legal value. Uh so you know for example uh it has been shown that Biden used the auto pen or someone perhaps used the auto pen to sign his name to things like pardons uh and things like laws bills that then became law once he signed his name or the auto pen signed his name. Um and also just regular executive actions. I mean, if you think about it, there are a lot of things that the president does and has the power to do. Um, for example, appointing federal judges. Uh, only the president can appoint federal judges and those are lifelong appointments. Uh, and that's at all the levels of federal court, right? So, you've got the trial court level, you've got the appellet court level, and then you've got the Supreme Court level. um those are positions that are appointed by Biden in this instance by the president of the United States. So if the the auto pen uh was deemed to be authorized by someone other than him then all of these things that he uh that were signed by autopen that he did not authorize would not have legal validity. Uh which means the pardons would not be valid. uh the laws he signed or were signed by auto pen without his authorization would not be valid and any of the other executive functions like I said uh appointing federal judges is another big issue. So yes those things if they weren't actually authorized by the president um would not have any legal effect. >> So I asked you earlier that past presidents have used the autopin um so I'm not a legal expert here. Can you just clarify for us uh does a document signed by Otten carry the same authority as one physically signed by the president? >> That is a great question. Um it actually has not been litigated thus far in our nation's history. There there is not uh any sort of a Supreme Court decision specifically about auto pens and the validity of auto pens. Um, you know, the the autopen was first used back in 2011 by uh President Obama who was abroad at the time of the the passing of a bill uh by Congress and he wanted to sign the bill uh but he was uh in Europe at the time and couldn't sign the bill until he came back to the United States. So that was the first time that he that a president authorized the use of the autopen machine to sign their name uh to a legal document. So that was back in 2011. Here we are in 2025. So it hasn't been that long that uh presidents have used auto pens. But um since we don't have a Supreme Court decision saying whether or not uh the use of the auto pen is legal and does have a binding effect like a regular wet signature by the president himself. Um that is still something that is being debated. I mean you have people on both sides arguing you know some are arguing that absolutely it is a legal way to sign a document uh by using the auto pen and then you have others that say no there you know there's nothing in the constitution that says that uh the president can delegate the authority for his signature on a legal document um and that delegation is either to another human being or to a machine to sign his name. So we have both sides arguing um opposite sides of that that question. Is it legal? We don't know. Um but that's something that perhaps we would see Scotas make a decision on you know if there if there is a legal challenge um and it is accepted by the courts. >> All right. So Bobby just finally generally speaking uh under what circumstances is using using an autopen legally permitted and when is it not? Well, with the case of the president, you know, what we're seeing in this specific investigation, uh, you know, some some in the media and some critics uh, of this investigation into Biden's use of the autopen are saying, well, you know, a lot of other presidents used it. You know, Obama used it, Trump has used it, uh, Biden used it. Uh, true. Yes. Now, uh, President Trump has stated that he too has used the auto pen, uh, but not for legal documents like signing laws or issuing a pardon. Um, more for things like, you know, signing a letter or or or an invitation to something. Um, and you know, we the the question and the main focus uh of what this House Oversight Committee uh just investigated with regards to President Biden. Um, you know, they were really focusing on the end of his presidency uh the last three months or so. And um the fact is is that if you look at the number of pardons uh that Biden issued in his presidency, which was, you know, only four years long, um he issued over 4,000 pardons uh many of which apparently were signed by autopen. And when you compare that to other presidents before him, uh you know, thus far, President Trump has issued in his first term and then now in 2025 approximately 1,700 uh pardons. Uh Barack Obama issued something like 1,900 pardons and he was president for eight years. Um so I think uh George W. Bush uh Bush 2, I think he only issued a couple hundred pardons uh during his presidency. So we see with Biden issuing over 4,200 pardons uh in just four years u many of which were issued you know in the last three months of his presidency. You know, this is why they've been investigating this in particular with the autopen because uh the question has to be asked, you know, how can this president have issued uh you know, two and three and sometimes four times as many uh pardons as his predecessors. Uh so this is really what raised the red flag I believe and why the House Oversight Committee paid so much attention or is paying so much attention to uh the autopen use on signing pardons. Uh so yeah, this this is a really it's it's a big problem uh because according to the testimony and the report that was issued yesterday by the House committee uh there is not uh much if any at all evidence showing that Biden authorized the use of the auto pen with a lot of these signatures. Uh so yes, this this is a serious issue and um we're going to have to see how this plays out now that the Department of Justice has said that they're going to investigate it themselves. >> Yeah, we'll follow this closely, but imagine signing over 4,000 documents. Um that's that's a lot of signatures. Well, Bobby, I thank you for uh coming on to talk to us about this today. >> Yes, thank you for having me. Have a great day. >> You as well. Next, President Trump will meet with Chinese regime leader Xi Jinping. He says he plans to raise the issues of Taiwan and Jimmy Lie, uh, imprison Hong Kong pro-democracy activist, among other things. Joining us to discuss is Declan Gangley, entrepreneur and businessman and friend of Jimmy Lie. So, Declan, good afternoon to you. Thank you for coming on the show. Now, as you know, a bipartisan group of 38 US senators sent a letter urging Trump to secure the release of Jimmy Lie. So I I mean what is the CCP afraid of that it imprisoned Jimmy Lie and many others like him? >> Well, Jimmy uh is a champion of democracy in Hong Kong. Um he has become a symbol of uh freedom uh and of u resistance if you will to uh the the strong the iron fist of the communist party of China. Uh that said he has been in jail and in solitary confinement for an extremely long period of time. And I think really what the Chinese Communist Party leadership needs to decide is if they want to make Jimmy Lie a martyr forever. Because something to remember about Jimmy is Jimmy is a Christian, a devout Christian. And in the concept of Christian martyrdom begins not at during life, but at death. You're a hero while you're alive. You become a martyr from the moment that you die. And if Jimmy if they allow Jimmy and they make Jimmy die in prison, they will have created a martyr whose name will live on for a thousand years. And his example and his his as a heroic uh Christian uh example of of of Christian integrity and fortitude. And so my hope is that what we are going to see is that the Communist Party of China and um and uh Xi Jinping sees sense and sees that the sensible thing to do is to release Jimmy Lie, allow him to go back to his family, allow him to leave Hong Kong if that's what he wants to do, and to enjoy during his, you know, whatever time he has left here on on earth to be able to spend that time with his family and with those that he loves. Really, they have the power. They have shown that they have the power. And uh President Trump is perhaps the only person in the world aside from Chairman Xi who has the power and the ability to uh get Jimmy Lie out of prison and bring him back to his family. And I hope and pray that that is what happens. So on that note, uh from your perspective, why is it important for President Trump to raise human rights issues uh related to trade talks with China? >> Well, because ultimately and and President Trump knows this very well, um of course he doesn't need any lessons from any of us that the Communist Party of China had is is an oppressor of personal freedom. Um, the Communist Party of China wants to be able to trade with the free world, with democracies, uh, with no price tag attached to that, with no conditions attached to that. And of course, democracies throughout the world, there are conditions to be able to engage with trade, with free trade, and and and we passionately believe in free trade. uh that western democracies do believe in free trade but it's not at any price and under any circumstances and that's something that President Trump has made clear both with his tariff policy with respect to China and I expect uh and I don't know this but I expect that a gesture like the release of of Jimmy Lie can only help contribute to a more favorable and conducive environment to being able to engage in the types of business and trade that that a place like China wants to do. I don't know that. But it certainly can't hurt. It can only help. >> You think the CCP is capable of fundamentally changing its behavior? >> Personally, no. Um, but you know, I I I'm I'm not a uh I'm a businessman. I'm an entrepreneur. I have purposefully never done business in China and that option was open to me for the last few decades and I've never done it because I had uh dealings many many years ago up until the year uh 1997 and in fact 2000 in the former Soviet Union and I saw firsthand what the consequences are of communist party dictatorship in leadership and I have a very um I have a very firm view of what to expect from Communist Party Cadras. I'm always willing to be proven wrong and be confounded and releasing Jimmy Lie would uh would would be one of those things that would somewhat confound me. But it hasn't happened yet. And if Communist Party of China wants the world to take a different view or look at it in a different way, then it certainly needs to change the way that it's doing things, including locking up political prisoners like Jimmy Lie. >> So Declan, as we mentioned earlier, you are friends with Jimmy Lie. Uh so I want to ask you this. What did he mean when he said previously that he was ready to go to prison for his beliefs? Uh what are those beliefs? and um tell us what kind of person he is >> to understand Jimmy lie and and me look many of your view viewers may not understand this and I get that but to understand Jimmy lie that there's been a very good book written about him by the way but but you have to understand Catholicism so so and and the concept of Catholic martyrdom and the path to saintthood because Jimmy has in the Christian Catholic concept He has taken up his cross and he is he is making a sacrifice and taking on a a massive burden for in the interest of setting an example of Christian virtue, Christian heroic virtue. And the examples that Jimmy will be drawing upon will be saints like St. Thomas Moore who stood up to then King Henry VIII in uh in England many centuries ago and defied the king and was executed for it. He went to the Tower of London and he was beheaded for standing up for what he saw as being the truth and something that was worth going to the scaffold for or dying for. So this example of self-sacrifice of in the Christian concept of taking up your cross and be and willingly enter into suffering in order to create an example of virtue of heroic virtue. That is what Jimmy is doing. And the examples that he looks to are the the the saints of of the Christian church of the Catholic Church who for centuries have made these kind of sacrifices in order to become and give examples of human virtue and freedom. >> This um if Jimmy Eli becomes a martyr, of course none of us are hoping for that. We're all hoping that he gets released from prison, but if it does happen, um, how how much do you think that's going to influence people to mobilize, you know, to, you know, to come together? Because recently we've seen the passing of Charlie Kirk in the United States. It has led to his movement becoming much bigger than when he was alive. But do you see that happening within the context of the CCP and Hong Kong? >> I do. And uh Jimmy, if they if if they turn him into a martyr, he will be much bigger as a martr and even bigger as a martr than he is today. And it will not be something that will last for a year or two years or five years. It will last for centuries. He will build what is called in the Christian concept a cultus and that is a following of people who will look to him and the example that he set of heroic Christian virtue and he will be somebody that will be remembered. I just referenced to you St. Thomas Moore. Thomas Moore was the chancellor of England. He was the equivalent of what we today would call the prime minister. He was the first minister of the king and yet for Christian reasons he defied the king and we are still talking about him today. And he went to the Tower of London and to his execution before or during the Reformation in England which is centuries and centuries ago. They're still talking about him today. Declan, is it possible for Washington to pursue economic interests with Beijing while still holding China accountable for its human rights violations? >> Look, this is above my pay grade. It's a very, very fine line to walk. Um, there are ex there's an extremely talented team of people in Washington DC and on the China desk, if I can call it that, that are working this issue. And if I trust any administration, any government to be able to to find that that fine line to thread that needle, I trust the Trump administration to do it. >> Okay. Just finally, Declan, and I understand you've been outspoken on the Chinese regime for decades now. Um, can you just point out to one thing? Uh, what would you like to see come out of Trump's meeting with Xiinping tonight? I I what I would hope for is not something that's going to be happening. I as a young man I was I had visited the Soviet Union. I saw the Berlin wall come down. I saw the Soviet Union and the Communist Party of the Soviet Union retire. I would like to see a free democ and democratic China. And I still believe and I dream and I pray that during the course of my lifetime that that is something that we will see that a free China that the the Communist Party of China dis dissolves itself that it creates a a a real vibrant democracy. We know that it works in Chinese culture because we can see it in Taiwan. And China, if it did that, would become the workshop of the world, the power economic powerhouse of the world. I do not wish China ill. I wish it enormous success. It is certainly a contender for true global leadership over the course of the next century. But with this millstone of the communist party system around its neck, it is always it is never going to reach its full potential. And I hope that eventually we will see the Chinese people and even maybe Chinese leadership decide to walk away from this structure and embrace a whole new approach for a new and free China. Well, Declan, I have to say this was a very engaging conversation. Thank you very much for talking to us. >> Thank you. >> Ron DeSantis has directed Florida's board of governors to crack down on H-1B visa abuse in higher education. The Florida governor also announced a partnership with the federal government to cancel or repurpose millions of dollars in DEI related grants. D Santis said in a statement, quote, "Universities across the country are importing foreign workers on H-1B visas instead of hiring Americans who are qualified and available to do the job." The new directive requires taxpayer funded institutions in Florida to prioritize American graduates. Proponents of H1B visas argue that they're necessary to hire individuals for specialty occupations. Opponents say the visas give foreign workers an advantage over Americans. Last month, President Donald Trump announced a $100,000 fee for employees petitioning for new H-1B visas. The Federal Reserve cut interest rates by a quarter point today following this week's policy meeting. The reduction marks the central bank's lowest rate in three years. The decision would bring the benchmark federal funds rate to a new target range of 3.75 to 4%. Earlier this month, Fed Chair Jerome Powell signaled more easing in response to a weakening labor market and the economic risks of waiting. Last week, the Bureau of Labor Statistics reported that annual inflation for consumer prices had inched up to 3% in September. The Fed's current inflation target is 2%. The government shutdown is growing more painful for regular Americans. Republicans and Democratic leaders are speaking as the situation intensifies. >> You will note that uh more air traffic controllers and TSA agents and park rangers are about to go without a paycheck. You've got families and children that rely upon SNAP benefits that are going to go hungry uh here at the end of the week. You've got more critical workers, by the way, including the people who are the stewards of our nuclear defense arsenal who are forced to stay at home as the government remains closed. This Friday, as window shopping begin, as window shopping occurs, window shopping starts today, tens of millions of American families are going to gather around the kitchen table and say, "What are we going to do? We can't afford an extra 10 or $20,000 a year, but we can't go without health care. What if our kid or our partner gets sick and there's no doctor? Or what if we just have we have to cut back so badly on our health care that we have to go to a doctor a 100 miles away or a hospital 200 miles away? What are we going to do? The Republican leadership thanked essential workers who are still on the job without pay. They pointed out that the largest union of federal workers as well as the National Association of Air Traffic Controllers have come out this week urging Democrats to pass their short-term funding bill. Meanwhile, Democratic leadership accused Republicans of refusing affordable health care for Americans. They said Republicans, including President Trump, should come to the negotiating table on healthcare. Federal Reserve Chair Jerome Powell is holding a news conference right now after announcing the Fed's policy decision. Let's take a look. >> Although some important federal government data have been delayed due to the shutdown, the public and private sector data that have remained available suggest that the outlook for employment and inflation has not changed much since our meeting in September. Conditions in the labor market appear to be gradually cooling and inflation remains somewhat elevated. In support of our goals and in light of the balance of risks to employment and inflation, today the Federal Open Market Committee decided to lower our policy interest rate by a quarter percentage point. We also decided to conclude the reduction of our aggregate securities holdings as of December 1. I will have more to say about monetary policy after briefly reviewing economic developments. Available indicators suggest that economic activity has been expanding at a moderate pace. GDP rose at a 1.6% pace in the first half of the year, down from 2.4% last year. Data available prior to the shutdown show that growth in economic activity may be on a somewhat firmer trajectory than expected, primarily reflecting stronger consumer spending. Business investment in equipment and intangibles has continued to expand while activity in the housing sector remains weak. The shutdown of the federal government will weigh on economic activity while it persists, but these effects should reverse after the shutdown ends. In the labor market, the unemployment rate remained relatively low through August. Job gains have slowed significantly since earlier in the year. A good part of the slowing likely reflects a decline in the growth of the labor force due to lower immigration and labor force participation. Though labor demand has clearly softened as well. Although official employment data for September are delayed, available evidence suggests that both layoffs and hiring remain low and that both households perceptions of job availability and firms perceptions of hiring difficulty continue to decline. In this less dynamic and somewhat softer labor market, the downside risks to employment appear to have risen in recent months. Inflation has eased significantly from its highs in mid 2022, but remain somewhat elevated relative to our 2% longerrun goal. Estimates based on the consumer price index suggest that total PCE prices rose 2.8% 8% over the 12 months ending in September and that excluding the volatile food and energy categories, core PCE prices rose 2.8% as well. These readings are higher than earlier in the year as inflation for goods has picked up. In contrast, disinflation appears to be continuing for services. Near-term measures of inflation expectations have moved up on balance over the course of this year on news about tariffs as reflected in both market and survey based measures. Beyond the next year or two or so, however, most measures of longerterm expectations remain consistent with our 2% inflation goal. Our monetary policy actions are guided by our dual mandate to promote maximum employment and stable prices for the American people. At today's meeting, the committee decided to lower the target range for the federal funds rate by a quarter percentage point to to 3 and 3/4 to 4%. Higher tariffs are pushing up prices in some categories of goods, resulting in higher overall inflation. A reasonable base case is that the effects on inflation will be relatively short-lived, a one-time shift in the price level. But it is also possible that the inflationary effects could instead be more persistent, and that is a risk to be assessed and managed. Our obligation is to ensure that a one-time increase in the price level does not become an ongoing inflation problem. In the near term, risks to inflation are tilted to the upside and risks to employment to the downside. A challenging situation. There is no risk-free path for policy as we navigate this tension between our employment and inflation goals. Our framework calls for us to take a balanced approach in promoting both sides of our dual mandate. With downside risks to employment having increased in recent months, the balance of risks has shifted. Accordingly, we judged it appropriate at this meeting to take another step toward a more neutral policy stance. With today's decision, we remain well positioned to respond in a timely way to potential economic developments. We will continue to determine the appropriate stance of monetary policy based on the incoming data, the evolving outlook, and the balance of risks. We continue to face two-sided risks. In the committee's discussions at this meeting, there were strongly differing views about how to proceed in December. A further reduction in the policy rate at the December meeting is not a foregone conclusion. Far from it. Policy is not on a preset course. At today's meeting, the committee also decided to conclude the reduction of our aggregate securities holdings as of December 1. Our long-stated plan has been to stop balance sheet runoff when reserves are somewhat above the level we judge consistent with ample reserve conditions. Signs have clearly emerged that we have reached that standard. In money markets, repo rates have moved up relative to our administered rates, and we have seen more notable pressures on selected dates along with more use of our standing repo facility. In addition, the effective federal funds rate has begun to move up relative to the rate of interest on reserve balances. These developments are what we expected to see as the size of our balance sheet declined and warrant today's decision to cease. >> And that was Federal Reserve Chair Jerome Powell announcing that the Fed has lowered its benchmark interest rate by a quarter point now to the range of 3.75 to 4% and saying the effects of the government shutdown on the economy will reverse once the shutdown is over.