The Department of Justice under President Donald Trump has initiated a review of presidential clemency actions taken by former President Joe Biden during the last weeks of his administration. The investigation, led by Pardon Attorney Ed Martin, is focusing on the legitimacy of Biden's mental condition and the use of an AutoPen for signing official documents, including pardons and commutations.
Officials have confirmed the examination of a list of individuals who received clemency from Biden, though the exact cases under review remain undisclosed. The probe is said to particularly concentrate on preemptive pardons issued to Biden’s son, Hunter Biden, as well as sentence commutations for over 35 death row inmates to life imprisonment.
The DOJ's review comes in the wake of questions raised about the former president's cognitive state and the procedural aspects of his clemency decisions. Biden had granted over 1,500 pardons and commutations, a record described by the White House at the time as the largest single-day clemency order in U.S. history. Among those pardoned were individuals convicted of major financial crimes, which led to criticism from political adversaries and legal analysts.
The use of the AutoPen, a device that replicates the president's signature, has been a particular point of contention. Critics argue that its use casts doubt on Biden's direct involvement in the clemency process. However, White House officials during Biden's term maintained that the AutoPen was deployed within legal norms and with the president's explicit consent.
Following Trump's return to the presidency after the 2024 election, Republican legislators have advocated for a thorough examination of Biden's final executive actions, with the clemency orders standing out as a key focus for inquiry. Requests for related documentation and internal communications have been made, though the DOJ has not confirmed its cooperation with these requests.
Presently, the investigation does not involve any criminal charges or formal accusations of misconduct. It is being characterized as an internal review by the Office of the Pardon Attorney, aiming to determine the adherence to proper procedures and Biden's capacity to lawfully utilize presidential clemency powers.
Comparisons with previous administrations' clemency actions are being made to ascertain any substantial deviations. There have been no announcements from the Trump administration regarding reversing or revoking any of the pardons. Legal experts suggest the outcome of this review may set a precedent for future standards of clemency and presidential conduct.
The DOJ has not indicated a completion timeline for the review or confirmed whether its findings will be publicly disclosed.
