Overview

• Internal emails show Biden gave oral approval on Jan. 11, 2025 for crack-related commutations, while three autopen-signed warrants covering roughly 2,500 inmates were executed before dawn on Jan. 17.
• Then–Staff Secretary Stefanie Feldman sought written confirmation that the documents matched the president’s wishes, prompting Deputy Counsel Tyeesha Dixon to note he “doesn’t review the warrants” and leading aides to rely on Rosa Po’s attestation of intent.
• Justice Department officials said they received recipient lists only after the announcement and flagged vague language such as “offenses described to the Department of Justice,” with senior DOJ lawyer Bradley Weinsheimer warning the commutations might not take effect without clarification.
• Clemency recipients included some violent offenders, including Russell McIntosh, whose case highlighted policy and public-safety concerns alongside thousands of crack-sentencing commutations.
• Legal analysts cite longstanding guidance that autopen use can be valid if authorized, while active reviews by the DOJ, House Oversight, and the White House are expected to weigh these emails; separate reporting describes a draft memo suggesting the vice president’s approval was treated as sufficient in a later clemency round.