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Probe into Clemency Raises Fresh Questions About Biden’s Final Months in Office
A new investigation launched by the Department of Justice under President Donald Trump is drawing national attention as it scrutinizes the use of presidential clemency powers by former President Joe Biden—specifically, whether Biden personally authorized a controversial wave of pardons and commutations during the final days of his presidency, or whether others may have acted on his behalf using an AutoPen.
Biden’s Last-Minute Pardons Come Under Fire
Ed Martin, the DOJ’s pardon attorney, revealed in an internal email that he is probing whether Biden was mentally competent to issue pardons and commutations, or if others exploited his diminished capacity to push through clemency decisions by using automated tools like the AutoPen to sign off on them. The investigation centers on Biden’s decision to grant preemptive pardons to five members of his immediate family—including his son Hunter Biden—and to commute the sentences of 37 death row inmates.
The former president’s decision to pardon his siblings James and Frank Biden, his sister Valerie Biden Owens, and their spouses raised eyebrows even at the time. But it’s the pardon of Hunter Biden—convicted on firearms-related charges and having pled guilty to tax violations—that has sparked the most outrage, particularly among conservatives who argue the move shielded him from future legal scrutiny.
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Why the AutoPen Matters
At the heart of the inquiry is the use of the AutoPen—a mechanical device capable of signing documents with the president’s signature. Critics of Biden allege that it may have been used to authorize pardons without his full awareness or consent, pointing to broader concerns about his cognitive state in his final months in office.
While the use of the AutoPen for presidential signatures has precedent—dating back to at least the George W. Bush administration—a 2005 Justice Department memo found the practice legally permissible.
Even Martin has acknowledged that AutoPen use is not inherently problematic. However, he emphasized that “the circumstances surrounding these pardons warrant scrutiny.”
A Broader Push by the Trump DOJ?
This investigation appears to be part of a broader push by the Trump administration to revisit controversial Biden-era decisions and challenge their legitimacy. The Biden pardons probe follows increasing public debate over the former president’s health, particularly after his withdrawal from the 2024 race following a widely criticized debate performance.
At 82, Biden was the oldest individual to serve as president, and questions about his mental acuity have only intensified since he left office.
A DOJ spokesperson has not confirmed who ordered Martin to initiate the investigation, and Biden’s team has so far declined to comment.
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Executive Clemency Under the Microscope
Presidential clemency powers are among the broadest granted under the Constitution, allowing presidents to unilaterally wipe away federal convictions or reduce sentences. President Trump himself issued sweeping clemency orders during his time in office, including blanket pardons for supporters involved in the January 6 Capitol riot.
Despite these precedents, Biden’s use of clemency for close family members has fueled accusations of nepotism and corruption. Critics argue the pardons were designed to preempt ongoing or future investigations tied to the Biden family’s business dealings.
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What Happens Next?
While the legality of Biden’s actions may not be in question, the optics of pardoning family members—potentially without full mental clarity—could damage the Biden legacy and reignite public distrust in the system of executive accountability.
The DOJ’s investigation could also serve as a launching pad for broader Republican efforts to reform presidential clemency, especially in light of growing bipartisan concerns about abuse of power at the highest levels.
Whether this probe leads to legal consequences or remains a symbolic gesture will depend on what Martin uncovers—and whether the Trump administration decides to pursue deeper reforms.
