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This time, investigators will determine whether Biden was actually aware of the decisions being made or if his power was being used by others behind the scenes. “The new investigation will look into whether the former president ‘was competent and whether others were taking advantage of him through use of AutoPen or other means,’” DOJ pardon attorney Ed Martin wrote in an internal email obtained by Reuters.
What Is the Autopen?
The autopen is a mechanical device that replicates a person’s signature. It has been used by presidents before — typically for ceremonial or routine documents. But under Biden, some critics allege it was abused to rubber-stamp serious legal decisions without the president’s full awareness or consent.
Reuters noted that “Trump and his supporters have made a variety of unfounded claims that Biden’s use of the device while president invalidated his actions or suggested that he was not fully aware of these actions. It is not known whether Biden used autopen on pardons.”
Despite media attempts to dismiss these concerns, the new DOJ inquiry suggests that there may indeed be substance behind the suspicion.
Family Ties and Preemptive Pardons
The core of the investigation centers around a series of preemptive pardons handed out to five of Biden’s own family members just before he left office in January 2025. Those who received clemency include Biden’s siblings — James Biden, Frank Biden, and Valerie Biden Owens — as well as their spouses.
On top of that, President Biden issued a highly controversial pardon for his embattled son, Hunter Biden, who had pleaded guilty to federal tax violations and faced charges related to illegal gun possession. The timing of this pardon — and the fact that it contradicted Biden’s earlier public promises — has fueled outrage.
“Biden had once promised the American people he would not get involved in his son’s legal troubles and allow justice to be served. He said he would not use his pardon powers to spare his son the consequences of his actions. This turned out not to be true.”
37 Death Row Inmates Spared
In addition to the family pardons, the former president commuted the sentences of 37 federal inmates who had been sentenced to death, converting their punishments to life imprisonment. Martin’s email indicates these commutations will also be part of the probe’s focus.
It remains unclear who exactly gave the order to launch the investigation, but the internal communication from Martin confirms that the DOJ is actively working to determine whether Biden himself authorized the clemency actions — or whether someone exploited his diminished faculties to do it on his behalf.
Constitutional Powers or Political Abuse?
Under the Constitution, the president has the exclusive authority to grant clemency and issue pardons. But that power assumes the president is of sound mind and is making decisions based on informed judgment.
If it’s proven that Biden wasn’t competent during these final actions — or worse, that others hijacked the executive authority for personal or political gain — the fallout could be historic.
This investigation may not only reshape Biden’s legacy but also reignite the national debate on presidential mental fitness, transparency, and who really holds the reins of power in Washington.
