Newly leaked memos have cast doubt on the involvement of former President Joe Biden in the presidential pardon process, hinting at a significant delegation of responsibility to then–Vice President Kamala Harris. This revelation comes as the Trump administration delves into Biden's use of an autopen for signing hundreds of pardons, including some for high-profile individuals.
The memos, scrutinized by Just The News, suggest that Biden may have routinely bypassed personal review of pardon applications, instead relying on Harris's judgment. This has led to increased speculation over Biden's engagement in one of his most solemn constitutional duties and has raised questions regarding the transparency and integrity of the pardon process during his tenure.
One particularly telling piece of evidence is a February 2024 White House counsel memo, which stated that Harris's approval was at times deemed sufficient for Biden's agreement on clemency decisions. The National Archives and Records Administration (NARA) has admitted to the absence of clear records indicating Biden's presence at several clemency meetings, including discussions about pardons for Biden family members and commutations for federal death row inmates.
Concerns over Biden's personal involvement in the pardon process emerged early in his presidency. In February 2021, White House Staff Secretary Jess Hertz drafted a memo recommending that Biden personally approve and sign all presidential actions, following precedents from the Obama-Biden Administration. Despite this recommendation and the circulation of copies to senior aides, there is no evidence that this draft reached the National Archives.
Biden's record of granting an unprecedented 4,245 pardons during his single term, as reported by Pew Research Center, only intensifies the scrutiny. Critics argue that the memos reveal Harris's extensive influence on clemency decisions, potentially obscuring the true exercise of the pardon power during Biden's presidency.
The former president has maintained that he approved the "broad contours" of clemency decisions, but also acknowledged that he was not always informed of each recipient's name. In contrast, Trump administration officials are pushing the narrative that the memos confirm Biden's abdication of a core presidential responsibility.
Investigators appointed by President Trump determined that the autopen was used on most, if not all, of the high-profile pardons. This revelation, combined with leaked memos indicating concerns about Biden's cognitive decline and the delegation of approvals to Harris, adds fuel to the ongoing debate about the transparency and propriety of the pardon process.
As the situation unfolds, the American public is left with fundamental questions about how one of the most consequential powers vested in the presidency was managed during Biden's term. The implications of these findings remain to be fully understood, but they undeniably cast a shadow over the legacy of Biden's administration and the role of his vice president in pivotal constitutional decisions.
