Former US President Joseph R. Biden Jr. is pushing back forcefully against Republican allegations that he was not mentally fit or personally responsible for a flurry of high-profile clemency decisions issued at the end of his presidency. In a phone interview with The New York Times, Biden insisted he authorized every pardon and commutation, dismissing GOP claims of staff overreach and autopen misuse as “ridiculous and false.”
Biden says he gave oral approval for all clemency actions
Biden confirmed that he personally granted all the clemency actions recorded near the end of his term, even if he didn’t physically sign each warrant. Instead, an autopen machine was used to apply his signature to 25 clemency and pardon documents—a decision, he said, based on the volume of approvals. “We’re talking about a whole lot of people,” Biden told The Times, adding, “I made every decision.”
The clemency actions included sentence reductions for thousands of nonviolent drug offenders, a halt to death sentences for 37 inmates, and pre-emptive pardons for high-profile figures such as General Mark A. Milley, Dr. Anthony Fauci, and members of the Jan. 6 investigative committee—individuals Biden feared would be targeted under a second Trump presidency.
Emails reveal internal process confirming Biden’s orders
Internal emails from the final months of Biden’s presidency, reviewed by The New York Times, show that the White House had a structured system to document Biden’s oral decisions before using the autopen. The staff secretary, Stefanie Feldman, required written confirmation of Biden’s instructions—referred to as “blurbs”—before approving autopen use.
These blurbs were drafted by assistants based on input from senior advisers who attended meetings with Biden. Once finalized, they were circulated to relevant officials, and the autopen was used to execute the clemency warrants. In at least one case, Biden adjusted the language of a public statement announcing the clemency actions, showing direct engagement.
GOP questions Biden’s mental fitness and staff role
Despite the paper trail and Biden’s assertions, Republican lawmakers are intensifying investigations into his mental acuity and decision-making process. The Trump administration, now back in power, has launched executive branch and congressional inquiries into whether Biden’s staff used the autopen illegally and without full authorization.
Senator Ted Cruz and Representative James Comer have led efforts to question former Biden aides, including subpoenas and requests for testimony. Many of Biden’s former staffers have hired high-profile Washington lawyers to navigate the legal scrutiny. Biden’s former White House physician recently invoked the Fifth Amendment, citing the risk of perjury under the Justice Department’s Trump-aligned leadership.
Pre-emptive pardons spark political backlash
The controversy is most heated around Biden’s final batch of pardons—issued on his last day in office—which included pre-emptive clemency for his family members and critics of Trump. Republicans argue Biden’s staff may have taken over decision-making during a time of perceived cognitive decline, citing his debate performance and later withdrawal from the 2024 re-election race.
But Biden remains firm in his stance. “Everybody knows how vindictive he [Trump] is, so we knew that they’d do what they’re doing now,” he said in the interview. He also admitted that he personally added family members and others like Ernest W. Cromartie II to the pardon list on Jan. 19, 2025, after meetings with trusted aides.
Multiple investigations and legal teams now involved
The Trump Justice Department and congressional Republicans are combing through thousands of emails from Biden’s final months. Simultaneously, law firms like Latham & Watkins, Covington & Burling, and Steptoe are representing former aides in what some legal experts call a politically motivated probe. Biden has also appointed Amy Jeffress as his new personal attorney.
While Biden’s team calls the inquiry a baseless political attack, the investigations continue. The outcomes could set a precedent for how executive powers—especially clemency and signature delegation—are scrutinized post-presidency.
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