DOJ Probes Biden Pardons Amid Autopen and Competency Concerns

The U.S. Justice Department is investigating clemency decisions made by former President Joe Biden during his final days in office, including pardons granted to family members and death row inmates. Ed Martin, the DOJ’s pardon attorney, said in an internal email that the probe aims to determine whether Biden was mentally competent and whether others exploited him using tools like an autopen—a device that replicates a signature.

While there’s no confirmation that Biden used an autopen to authorize pardons, critics, particularly allies of Republican President Donald Trump, have raised doubts about the legitimacy of actions taken via such devices. Biden issued preemptive pardons to five family members, including his siblings James, Frank, and Valerie, as well as their spouses. In December, he pardoned his son, Hunter Biden, convicted of tax violations and firearms-related charges. Biden also commuted the death sentences of 37 federal inmates.

Though the email didn’t clarify who ordered the investigation or which specific pardons are under review, it comes amid growing political focus on Biden’s health. At 82, Biden withdrew from the 2024 race following public concerns over his mental acuity and a cancer diagnosis.

The U.S. Constitution grants presidents broad clemency powers, and a 2005 DOJ memo confirmed the legal use of an autopen for signing pardons. Still, Martin, who previously served as interim U.S. attorney in Washington, said during a May press conference that the pardons merit scrutiny, even if technically legal.

Critics argue the investigation may be politically motivated, aiming to cast doubt on Biden’s fitness and decision-making. No evidence has emerged showing Biden’s actions were unauthorized or unintentional, and his aides maintain he was fully capable of executing presidential duties.