President Donald Trump made a statement asserting that Joe Biden’s recent “pardon” issued on March 17th was ineffective, claiming it was created by an autopen. He argued that Biden wasn’t aware of the pardons, suggesting that the necessary documents weren’t properly explained to him. The implication here is that individuals who might have committed crimes were pardoned without Biden’s genuine understanding.
A liberal fact-checking organization refuted Trump’s claims about the legality of Biden’s pardons, though it noted evidence suggesting that Trump’s view on the potential illegality of the pardons isn’t unfounded.
Two weeks after a surveillance initiative, an internal DOJ email indicated that the Biden administration recognized potential legal flaws in many pardons associated with Trump. This could pose issues for those benefiting from the pardons.
Mike Howell, president of the surveillance project that revealed the Biden administration’s reliance on autopen signatures, expressed satisfaction at having been “right all along” about the situation.
This internal memo, derived from legal scrutiny within the Trump White House, looked into how autopen signatures were used in Biden’s administration and raised questions about the handling of pardons.
Notes from then-Representative Jessica Hertz, dated February 2021, reportedly prescribed guidelines for Biden’s use of autopens, based on practices from the Obama administration. However, the guidance appeared to have been disregarded, as Biden’s pardons and other significant actions were frequently signed using an autopen.
Biden previously stated in June that he personally made decisions regarding pardons and executive orders. Yet, a draft memo from February 2024 indicated that a Vice President’s approval might suffice for some clemency decisions, implying a deviation from earlier claims.
Recent reports suggest the Trump White House believed this memo showed that Biden had effectively delegated significant decisions to Kamala Harris. Investigations revealed little evidence that Biden attended key meetings about important pardons.
Additionally, it was noted that Biden may not have been fully engaged in discussions surrounding clemency for federal inmates on death row. A draft recommendation from December 2024 suggested Biden grant clemency, but it seems the final approval memo detailing his consent is missing from the National Archives.
When reached for comments, Joe and Jill Biden’s offices did not respond.
The Biden White House began employing autopen signatures for pardons and other documents around mid-2022, with indications that use has increased significantly since then. Over half of the 51 pardons issued during Biden’s term were reportedly signed using an autopen.
Theodore Waldo from the Surveillance Project emphasized that it’s crucial for the president to personally make decisions, suggesting that these actions shouldn’t be fully delegated to staff. He expressed concern over whether anyone outside of staff was truly making these calls.
