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Trump Justice Department Probes Competence and Autopen Use in Biden’s Final Pardons

The inquiry will probe Biden’s preemptive family pardons alongside commutations that spared 37 federal inmates from the death penalty.

Former U.S. President Joe Biden speaks during a ceremony, at Veterans Memorial Park, in New Castle, Delaware, U.S. May 30, 2025.
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

Overview

  • Ed Martin, the Justice Department’s pardon attorney under President Trump, has launched a probe into whether Biden was mentally fit when issuing his final pardons.
  • The investigation examines preemptive pardons granted to five of Biden’s family members, including Hunter Biden and three siblings with their spouses.
  • It also reviews clemency that converted the death sentences of 37 federal inmates to life imprisonment.
  • Investigators will assess whether an autopen was used to sign the orders despite a 2005 DOJ memo deeming such signature use legitimate.
  • Republican critics characterize the probe as politically driven, citing Biden’s advanced prostate cancer diagnosis and debate struggles as evidence of waning capacity.