A recent discovery has placed former Vice President Kamala Harris at the center of a contentious debate regarding the presidential pardon process under the administration of former President Joe Biden. A memo obtained by Just The News indicates that Biden, in his final year in office, may not have been intimately involved in the pardoning process, often deferring decision-making to Harris.
"The Autopen proved Joe Biden did nothing… Had Kamala Harris step in on the pardon process… The problem is- she does NOT have the constitutional authority to pardon anyone…" - Tweet from @nomandatesco.
The document surfaces amidst scrutiny of several high-profile pardons granted to individuals such as Hunter Biden, Dr. Anthony Fauci, and Liz Cheney. Critics argue that these pardons were politically motivated, as Biden previously suggested these individuals could face legal challenges if former President Donald Trump were to re-enter office, a claim reported by Trending Politics.
According to the memo, Biden's typical practice was to give a verbal nod before utilizing an autopen to replicate his signature on official pardon letters. However, instances arose where he could not review pardon applications, prompting Biden to delegate the responsibility to Harris, as indicated by the memo. This revelation has raised questions about the constitutionality of Harris's role in the pardon process, considering the Vice President does not possess the constitutional authority to grant pardons.
Further investigation by the Trump administration into the autopen's usage during Biden's tenure has heightened the debate. A review ordered by Trump in June sought to determine if Biden's "original hand signature" appeared on the most significant pardons. The findings suggested that an autopen was predominantly used.
The predicament traces back to a set of guidelines issued in February 2021 by Staff Secretary Jess Hertz, who recommended that Biden personally approve and hand-sign all presidential pardons. However, a second memo from the White House chief counsel in February 2024 appeared to diverge from this precedent, outlining a "general pattern" where Harris's approval acted as a stand-in for Biden's direct involvement.
The National Archives, responsible for preserving presidential documents, confirmed the absence of "specific meeting notes that clearly mention or note that the President was present" at various clemency meetings. This includes discussions on preemptive pardons for Biden family members and federal death row inmates. The lack of a marked decision memo on commuting federal death row sentences, without evidence of Biden's personal approval, adds further complexity to the situation.
Statistics from the Pew Research Center underscore the unprecedented nature of Biden's pardon activities, with a record-setting 4,245 pardons issued in his four years, surpassing any of his predecessors.
As the Trump White House claims the second memo is proof of Biden "outsourcing" his pardon authority to Harris, public and legal scrutiny is likely to intensify. The unfolding controversy not only challenges the internal operations of the Biden administration but also probes the limits of presidential and vice-presidential powers under the U.S. Constitution.
