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Biden Defends Autopen Clemency Decisions as Oversight Probes Continue

Biden argues the autopen was necessary to handle thousands of clemencies, with oversight hearings and a Justice Department investigation probing the device’s use.

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Overview

  • In a New York Times interview, Biden said he personally approved every pardon and commutation decision even when delegating signature duties to an autopen.
  • House Oversight Committee depositions have examined the process, with presidential physician Dr. Kevin O’Connor invoking the Fifth Amendment on questions about Biden’s mental fitness.
  • The Justice Department inquiry launched this summer under President Trump’s memorandum remains active in determining if aides misused delegated signature authority.
  • Emails reviewed by investigators show White House chief of staff Jeff Zients explicitly approved autopen use on final-day clemency warrants based on broad categorical criteria.
  • Lawmakers and legal experts are debating the constitutional bounds of delegating signature power and calling for greater procedural transparency in high-volume pardon actions.