The Trump administration has launched an investigation examining former President Joe Biden's mental competency during his final presidential acts, with a particular focus on his use of an autopen device to sign clemency documents. Ed Martin, Trump's pardon attorney, revealed that the Justice Department has been tasked with scrutinizing the clemency decisions granted by Biden as his presidency concluded.
Interest in Biden's mental fitness has escalated following the publication of "Original Sin" by journalists Jake Tapper and Alex Thompson, which claims that Biden's cognitive deterioration was managed by a group of family members and close aides, dubbed a "politburo." These revelations have caused a divide within the Democratic Party, with some members distancing themselves from Biden while others, like former President Bill Clinton, continue to support him. Clinton, in a recent CBS interview, expressed his belief that Biden was in "good shape" during his presidency.
The investigation is unprecedented and focuses on determining whether Biden was competent when granting clemency, especially concerning the December pardon of his son Hunter Biden, who was convicted on federal charges. The use of an autopen—a mechanical device that has been employed by presidents and lawmakers for decades to reproduce signatures on official documents—is at the center of this inquiry.
Hunter Biden was pardoned following his conviction on three felonies related to illegal gun possession. Accusations have also surfaced that both Hunter Biden and former First Lady Jill Biden exerted undue influence over the president in his final weeks in office. Critics, including Trump and his supporters, argue that Biden's reliance on the autopen device either delegitimized his presidential actions or indicated a lack of awareness concerning these decisions.
Trump declared Biden's last-minute pardons "void, vacant and of no further force or effect,"
The finer details of Biden's use of autopen technology for pardons are not fully disclosed. Trump, in March, declared Biden's last-minute pardons "void, vacant and of no further force or effect," also warning that House committee members investigating the Jan. 6 riots could be prosecuted. The Justice Department's probe will also look into pre-emptive pardons Biden issued to family members and clemency decisions that commuted 37 federal death penalty sentences to life imprisonment.
On January 20, prior to transferring power to Trump, Biden pardoned five family members, stating his intention to "protect them from future politically motivated investigations." These pardons included Biden's siblings James Biden, Frank Biden, and Valerie Biden Owens, as well as their spouses, John Owens and Sara Biden. The investigation, however, has not specified which family member pardons will be scrutinized, nor has it clarified who authorized the probe. Both the White House and the Department of Justice have been contacted for official statements regarding the matter.
Presidential pardon power, granted by the Constitution, allows for pardons for federal criminal convictions and commutations to modify sentences—a power exercised throughout American history. Trump himself granted clemency to nearly 1,600 supporters on January 20, 2021. Martin, during a May 13 press conference, stated that using the autopen for pardon power is not necessarily problematic but maintained that Biden's pardons deserved examination.
