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Justice Department Opens Probe into Biden’s Last-Minute Pardons

The inquiry centers on Biden’s fitness to grant clemency through an AutoPen signature.

Joe Biden with his son Hunter, who is among five family members pardoned
US President Joe Biden delivers his farewell address to the nation from the Oval Office of the White House in Washington, DC, on January 15, 2025.     MANDEL NGAN/Pool via REUTERS/File Photo
Former U.S. President Joe Biden speaks at a conference hosted by the Advocates, Counselors, and Representatives for the Disabled (ACRD) on April 15, 2025 in Chicago, Illinois. ACRD champions the rights of those who depend on Social Security and disability services.

Overview

  • The Justice Department’s pardon attorney, Ed Martin, was directed by the Trump administration to probe clemency decisions made by Biden in the waning days of his term.
  • The review targets five preemptive pardons for Biden family members and the commuted sentences of 37 federal inmates spared from execution.
  • Investigators are examining whether Biden was mentally competent and if aides relied on an AutoPen device to sign pardon orders.
  • A 2005 Justice Department memo deemed autopen use valid for presidential signatures, but Martin maintains the pardons warrant further scrutiny.
  • Critics argue the probe is politically motivated by doubts over Biden’s health after his cancer diagnosis, but his aides maintain he was fully capable of issuing pardons.