Recently uncovered internal documents have provided new insights into former President Joe Biden’s use of the autopen and the delegation of decision-making in his last year in office. Biden has previously stated that he personally handled all matters regarding pardons, executive orders, and declarations, arguing against claims of any outsourcing of these duties. However, the documents reveal that responsibilities were often transferred to others, including Vice President Kamala Harris.
Initially, Biden’s staff maintained that he would personally sign official presidential actions. Yet, by the end of his term, that standard seemed to have faltered. One internal note suggests that presidential decisions requiring a lawsuit ought to be signed personally by the president, following precedents from the Obama administration.
By February 2024, it appeared that decisions were increasingly dependent on Harris’ approval, as indicated by draft memos from the White House legal office. These documents, only recently made public, noted that due to Biden’s busy schedule, approvals could take days or even weeks. The memo mentioned that the Chief of Staff assisted in ensuring the documents were presented to Biden for his review.
The final review process suggested a shift toward relying on the Vice President’s approval instead of Biden’s direct involvement. Some within the Trump administration interpreted this to mean that Biden effectively “outsourced” his decision-making in the closing months of his presidency.
During his term, Biden issued a total of 4,245 acts of clemency—more than any of his predecessors. Reports indicate that nearly all pardons granted from late December to January, including those for individuals like Dr. Anthony Fauci and General Mark Milley, were signed using the autopen, with the notable exception of his son Hunter’s preemptive pardon.
Further concerns arose regarding the commuting of sentences for around 2,500 individuals convicted of crack cocaine offenses. An internal email indicated uncertainty about whether Biden had approved these actions. A letter from then-Rep. White Steph Feldman requested confirmation of Biden’s approval for one such commutation, which led to discussions among White House lawyers. However, there seemed to be ambiguity regarding whether Biden gave his final consent.
Correspondence revealed that the decision process might have been more of an informal consensus rather than a formal approval from Biden himself. For instance, a note mentioned needing clarification that any documentation accurately reflected Biden’s intent, indicating some uncertainty about his involvement.
Additionally, discussions around pardons included sentences for individuals convicted of illegal firearm possession and two tied to police officer fatalities. Meetings during this period suggested that Biden had provided “verbal approval” for a series of clemency actions, though questions lingered around the documentation supporting this claim.
Internal communications emerged as part of a larger investigation by the Trump administration into whether there were attempts to mislead the public about Biden’s capacity to handle presidential duties. Former staffers from Biden’s White House have denied any outsourcing of significant decision-making, claiming that the Republicans were failing to understand how the pardoning process functions under Biden’s authority.
In a recent interview, former President Trump remarked on creating a “wall of presidency” in the Rose Garden, intending to hang a portrait of “Biden Autopen” to commemorate Biden’s presidency.
