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Biden Defends Autopen Use and Personal Oversight of Final Clemencies

He rejects assertions of incapacity when aides applied mechanized signatures to his last pardons.

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This image from July 8, 2022 shows former U.S. President Joe Biden after he signed an executive order on access to reproductive health care services at the White House.

Overview

  • Biden told The New York Times that he personally made every decision on clemencies in his final weeks and used the autopen solely to sign nearly 4,000 pardons and commutations.
  • He cited a 2005 Justice Department Office of Legal Counsel opinion to defend the autopen’s legality and noted that previous presidents employed the device for high-volume actions.
  • Emails from a Jan. 19 meeting show aides drafted summaries of Biden’s oral approvals before directing the autopen to execute the final clemency warrants.
  • The Justice Department and the GOP-led House Oversight Committee have opened investigations, issuing subpoenas to former aides and reviewing internal emails over potential misuse of the autopen and concealed cognitive issues.
  • In closed-door depositions, Biden’s former White House physician Kevin O’Connor invoked physician–patient privilege and the Fifth Amendment in declining to answer Oversight panel questions.