Recent internal communications reveal serious concerns raised in the Biden administration regarding the use of the autopen to sign a staggering number of pardons. These emails, obtained by the New York Post, indicate that President Biden did not personally review thousands of clemency grants issued just before he left office. One White House lawyer candidly stated, “[Biden] doesn’t review the warrants,” raising questions about the integrity of the pardons process.
During the final days of his presidency, Biden’s sweeping pardons sparked unease within both the West Wing and the Department of Justice. The records show that the president orally approved commutations for inmates convicted of crack cocaine offenses on January 11, yet his personal signature was not added to documentation until January 17. Tensions escalated late on January 16, when White House Staff Secretary Stef Feldman requested confirmation of Biden’s consent before she could authorize the use of the mechanical signature for these significant actions.
The investigation gained traction after the Oversight Project unveiled that many pardons and executive actions were signed using the autopen, a tool that allows for the mechanical replication of an individual’s signature. This method has come under scrutiny, especially in light of reports that Biden was not physically present to approve the pardons. In December 2022, as he vacationed in St. Croix, six individuals were pardoned without his direct involvement.
Biden attempted to defend his use of the autopen in a phone interview with the New York Times earlier this summer. He insisted, “I made every decision,” despite evidence indicating he did not personally approve each name on the list of pardons. Following modifications made to those pardons, his aides proceeded to use the autopen without further confirmation from Biden, which undermines the legitimacy of those actions.
The White House Counsel’s Office is currently investigating this autopen controversy and plans to sift through an astonishing amount of documentation—over a million files. The National Archives has already submitted more than 27,000 documents to aid in the inquiry.
Critics are questioning the appropriateness of utilizing an autopen for decisions that bear significant legal consequences. These revelations raise serious doubts about the degree of oversight and accountability applied to one of the largest acts of clemency in American history. Ultimately, this scandal highlights concerns about the processes in place during a critical transition of power and whether those in positions of authority are truly acting in accordance with the interests of the public.
"*" indicates required fields
