In a move that has sparked intense political debate, the US Department of Justice (DOJ) has announced an investigation into the pardons granted by former President Joe Biden during the final days of his presidency. This investigation, directed by Ed Martin, the DOJ’s pardon attorney, aims to examine whether Biden was mentally competent to issue these pardons and whether others may have taken advantage of him through the use of an autopen, a device that mechanically replicates signatures.
The Pardons in Question
The investigation centers on several key pardons issued by Biden. These include preemptive pardons for five of his family members—siblings James Biden, Frank Biden, and Valerie Biden Owens, along with their spouses. Additionally, Biden pardoned his son, Hunter Biden, who had pleaded guilty to tax violations and faced firearms-related charges. Beyond his family, Biden also granted clemency to 37 federal death row inmates, commuting their sentences to life imprisonment. These actions were taken in the context of Biden’s stated intention to protect his family and key figures from future politically motivated investigations.
The Autopen Controversy
The use of the autopen has become a focal point of the investigation. Critics, including President Donald Trump and his allies, have long questioned the validity of documents signed via autopen, suggesting it indicates a lack of presidential awareness. However, a 2005 DOJ memo determined that using an autopen for presidential signatures is legitimate when authorized by the president. Despite this, the current investigation is exploring whether Biden was aware of the use of the autopen for these pardons.
Political Implications
Critics argue that the investigation appears politically motivated, aiming to fuel ongoing concerns about Biden’s age and cognitive abilities. These concerns have intensified following Biden’s withdrawal from the 2024 race after a poor debate showing and his recent cancer diagnosis. The investigation’s timing and focus have led some to view it as an attempt to undermine Biden’s legacy and question the legitimacy of his final presidential actions.
Legal and Constitutional Considerations
While the presidential pardon power is absolute under Article II of the US Constitution, this investigation highlights the potential for political challenges to such decisions. Legal experts note that while pardons themselves cannot be criminally prosecuted, the circumstances under which they were issued can be scrutinized. This investigation may set a precedent for future challenges to presidential actions, particularly in politically polarized climates.
Conclusion
The DOJ’s investigation into Biden’s pardons is more than just a legal inquiry; it is a reflection of the deep political divisions within the United States. As the 2026 midterm elections approach, this issue is likely to become a significant point of contention, further fueling the ongoing battle between legacy and revenge politics. The outcome of this investigation could have far-reaching implications for the perception of presidential power and the legacy of Joe Biden’s presidency.