Top Biden administration officials have raised concerns and criticized the way the former president’s team handled the issuance of pardons and the use of an autopen, according to a report. Internal emails cited by the report suggest that there was a rush to pardon individuals without proper vetting by the Justice Department. This has raised questions about the legality and transparency of the clemency process.
The report highlights that after President Joe Biden pardoned his son Hunter on Dec. 1, 2024, there was a rush to find other individuals to pardon, with little involvement from the Justice Department. A person familiar with the clemency process told Axios that the process was chaotic, with officials not running the pardons through proper vetting procedures. This has led to internal criticism, with senior Justice Department officials raising concerns about the process.
Biden’s actions included commuting the sentences of nearly 2,500 people for non-violent drug offenses, a move he claimed was the most in U.S. history. However, internal discussions suggest that some officials questioned the validity of this claim. A Justice Department ethics attorney, Bradley Weinsheimer, argued that the nonviolent description was misleading, and that the department was not given a reasonable opportunity to vet the pardons. This has raised questions about the legality and ethical implications of the pardons, particularly concerning the inclusion of individuals with problematic backgrounds.
The use of autopen has also come under scrutiny, with White House staff repeatedly seeking confirmation of Biden’s approval. Emails indicate that Stef Feldman, the White House staff secretary, asked for more details and confirmation on the use of autopen to sign executive orders and commutations. This has led to internal discussions about the legal and procedural validity of the autopen signings. The developments come as Donald Trump has ordered an investigation into Biden’s administration, alleging that autopen was used to cover up the former president’s cognitive decline.
Biden has defended his actions, claiming that he made all the decisions about the pardons, executive orders, legislation, and proclamations. He has criticized the allegations as a distraction by Trump and Congressional Republicans, accusing them of pushing legislation that would cut essential programs and raise costs on American families. The situation has sparked discussions on the transparency and legality of the clemency process and the use of autopen, with experts calling for further investigation and clarification on the legal implications of these actions.