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.