Biden's Most Controversial Pardons: The Impact of AutoPen Signatures on Presidential Clemency

The Justice Department has launched a comprehensive review of the pardons issued by outgoing President Joe Biden, raising questions about the procedures and motivations surrounding some of his final executive actions. The investigation comes amid heightened scrutiny over Biden's use of an AutoPen—a device that allows for the automatic signing of documents—as well as persistent concerns regarding his cognitive health during his last months in office.

Biden’s sweeping use of his clemency powers in his administration's closing weeks drew both praise and criticism. In what was described by White House officials as the largest single-day clemency action ever by a U.S. president, Biden granted pardons and commutations to over 1,500 individuals. However, several of these high-profile decisions have come under fire, particularly those involving members of his own family and close political allies, with critics alleging political motivations and attempts to shield confidants from future prosecution.

At the center of the controversy is Biden’s decision to issue pardons for his son, Hunter Biden, who had been convicted of federal firearm offenses and faced additional charges related to tax evasion. Despite previous public assurances that he would not intervene in his son’s legal troubles, Biden ultimately issued a blanket pardon covering any offenses Hunter “has committed or may have committed” between January 1, 2014, and December 1, 2024. This move was seen by some as a personal gesture—Biden hand-signed this particular pardon—but it ignited a political firestorm, with opponents accusing the president of undermining accountability and due process.

The controversy did not end there. On his last day in office, Biden used the AutoPen to grant sweeping, preemptive pardons to multiple immediate family members, including his brother James Biden, his sister Valerie Biden Owens, and their spouses. These pardons covered unspecified nonviolent federal offenses allegedly committed within the same ten-year window. The use of AutoPen instead of physically signing the documents himself was seized upon by critics as evidence of detachment or incapacity, and as potentially irregular procedure for such consequential actions.

Congressional Republicans have played a significant role in driving the investigation. During Biden’s presidency, his family’s foreign business dealings were a central theme of a congressional impeachment inquiry, which accused the Biden family of receiving over $27 million from international sources and leveraging Biden’s political position for personal financial gain. Several family members—including James Biden—were referred for potential prosecution following allegations of false statements to Congress.

Beyond his family, Biden extended clemency to other prominent figures. He pardoned General Mark Milley, the former Chairman of the Joint Chiefs of Staff, after Milley’s tenure was criticized for the chaotic Afghanistan withdrawal. Milley expressed gratitude for the pardon, describing it as a relief from the threat of what he called "unjust retribution." Similarly, Biden granted a pardon to Dr. Anthony Fauci, his former chief medical advisor, as Fauci faced threats of politically motivated investigations. Both pardons appear to have been signed using the AutoPen, further fueling debate about the legitimacy and intent behind the signatures.

Biden’s last-minute clemency acts also included a controversial pardon of members of Congress and staff who served on the House Select Committee investigating the January 6 Capitol attack, as well as police officers who testified before the committee. This broad action, again executed with the AutoPen, was interpreted by some as an effort to protect political allies against possible retaliation from the incoming administration.

As the Justice Department’s review proceeds, questions swirl about the legality, ethics, and transparency of Biden’s closing acts as president. The investigation is expected to examine not only the eligibility and appropriateness of the pardon recipients, but also the methods used in executing these historic grants of clemency. The outcome could have significant implications for the legacy of Biden’s presidency and for future standards around presidential clemency powers.