A Republican official from former President Donald Trump’s Justice Department informed staff on Monday about a directive to investigate the leniency shown towards President Joe Biden during his time in office, especially concerning death row inmates.
Ed Martin, an amnesty counsel at the Justice Department, mentioned in an email reported by Reuters that the probe would assess whether Biden is “competent and if others are using an autopen or similar methods on his behalf.”
An autopen is a device that automatically signs documents.
Trump and his supporters have made various claims, although unfounded, suggesting that if Biden were using the device, his actions could be considered invalid, or he might not be fully aware of them.
There’s no clear information on whether Biden has indeed used an autopen for his pardons.
Martin stated that the investigation would specifically focus on the preemptive pardon Biden granted to several relatives, as well as the decision to release 37 federal prisoners from death sentences, changing their sentences to life in prison.
Just before leaving office on January 20, Biden expressed a desire to protect five of his family members from politically motivated investigations.
The pardons included Biden’s brothers James and Frank, his sister Valerie Biden Owens, and their spouses John Owens and Sarah Biden. Additionally, on December 1, Biden pardoned his son, Hunter, who faced legal issues related to tax violations and firearms charges.
However, Martin’s email didn’t specify which pardons involving Biden’s family were under scrutiny, nor did it indicate who had instructed him to initiate this investigation.
The Justice Department did not immediately respond to requests for comments, and there was no immediate comment from Biden’s representatives.
The U.S. Constitution allows the President significant power to issue pardons, erasing federal criminal convictions or modifying sentences.
Trump himself utilized this power extensively.
For instance, he granted pardons to nearly 1,600 supporters facing charges related to the January 6, 2021, Capitol attack.
Martin had previously served as an interim U.S. attorney in Washington and was appointed to that position by the Senate.
Recently, he mentioned to reporters that he viewed the president’s amnesty powers as encompassing.
During a press conference on May 13, Martin remarked, “I don’t think using an autopen for pardons is inherently problematic.”
The investigation seems aimed at leveraging the Department of Justice to raise questions regarding Biden’s health and mental acuity, especially following his recent cancer diagnosis and Democratic concerns about his state last year.
Biden, at 82, withdrew from the 2024 presidential race amid scrutiny over his mental capacity, particularly after a challenging debate performance. He’s the oldest individual to hold the presidency, with Trump being the second oldest.
Biden’s close aides dismiss these apprehensions, asserting that he is capable of making significant decisions.
No evidence has emerged indicating that Biden is unwilling or unable to issue pardons. Additionally, a 2005 Justice Department memo clarified that using an autopen for presidential signatures is legal for subordinates.
