A senior official in the Department of Justice under Republican President Donald Trump has been directed to investigate clemency actions taken by former President Joe Biden during his final days in office.
Focus of the Investigation
Ed Martin, the Justice Department’s pardon attorney, revealed in an internal email that the inquiry centers on whether Biden was mentally competent when granting pardons, especially considering the use of an autopen — a device that automatically signs documents.
Trump and his supporters have claimed without evidence that Biden’s use of such a device could invalidate his actions or suggest incapacity. It remains unclear if Biden used an autopen for these pardons.
Pardons Under Scrutiny
The investigation targets two main groups:
- Biden’s family members, who received preemptive pardons aimed at protecting them from potential political investigations. This includes Biden’s siblings James Biden, Frank Biden, Valerie Biden Owens, and their spouses, as well as Hunter Biden, pardoned for tax and firearms charges.
- The 37 federal inmates on death row whose sentences Biden commuted to life imprisonment.
The email did not specify exactly which pardons are being investigated or who ordered the inquiry.
Context and Reactions
- The U.S. Constitution grants presidents broad clemency powers, allowing them to pardon or commute sentences.
- Trump has also made extensive use of pardons, including for nearly 1,600 supporters charged in connection with the January 6 Capitol riot.
- Ed Martin previously served as interim U.S. attorney in Washington, D.C., and has described the presidential pardon power as absolute.
- While Martin said autopen use is “not necessarily a problem,” he still believed Biden’s pardons deserved scrutiny.
- This investigation seems tied to growing public and political debate about Biden’s health and mental sharpness following his cancer diagnosis and political challenges.
- Biden’s aides reject claims about his incapacity and affirm his ability to make important decisions.
- There is no evidence indicating Biden did not intend to issue these pardons.
- A 2005 DOJ memo stated it is legitimate for a subordinate to use an autopen for the president’s signature.