Trump's DOJ investigating Joe Biden's pardons for family, death row inmates amid perceived mental competency concerns
A senior official in President Donald Trump's Justice Department has launched an investigation into clemency decisions made by former President Joe Biden in the final days of his term, focusing on whether Biden was mentally competent and if others may have taken advantage of him using tools like the Autopen.
In an internal email obtained by Reuters, Ed Martin, the Justice Department's pardon attorney, revealed that the probe will examine 'whether [Biden] was competent and whether others were taking advantage of him through use of AutoPen or other means.'
The autopen, a device that replicates signatures, has been a point of contention among Biden critics who allege it may indicate he wasn't personally authorising actions.
The investigation centres on preemptive pardons Biden issued to five family members—including siblings James Biden, Frank Biden, and Valerie Biden Owens, along with their spouses—and clemency that spared 37 federal inmates from the death penalty.
Biden had defended the family pardons, stating they were intended 'to protect them from future politically motivated investigations.'
Hunter Biden, the president's son, who had pleaded guilty to tax violations and was convicted on firearms-related charges, was also pardoned by Biden on December 1.
In the final hours of his presidency, Joe Biden issued pre-emptive pardons to several key personalities, including Dr. Anthony Fauci, retired General Mark Milley, and members of the House committee that investigated the January 6 Capitol attack.
The pardons come as Biden seeks to protect these individuals from potential 'revenge' actions by the incoming Trump administration, which has expressed intentions to target those involved in investigations of former President Donald Trump.
Trump and his allies have long questioned the validity of documents signed via autopen, a mechanical device used to replicate signatures, claiming it casts doubt on Biden's awareness of presidential actions. However, it is unclear whether Biden used the autopen for the clemency orders.
A 2005 Justice Department memo determined that using an autopen for presidential signatures was legitimate when authorised by the president.
Martin, who previously served as interim US attorney in Washington, was nominated for the permanent role, though the nomination was later stalled in the Senate. Despite believing in the broad scope of presidential pardon power, Martin indicated the need for further scrutiny.
'If you use the autopen for pardon power, I don't think that that's necessarily a problem,' Martin said at a press conference on May 13.
Critics say the probe appears politically motivated, aiming to fuel ongoing concerns about Biden's age and cognitive abilities. These concerns intensified following Biden's withdrawal from the 2024 race after a poor debate showing and a recent cancer diagnosis.
Neither the Justice Department nor the White House responded immediately to requests for comment on the investigation, Reuters said. The email from Martin did not specify who directed him to begin the probe.
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