The Biden administration's early directive requiring the president's handwritten signature on pardons was quietly abandoned, giving way to a concerning pattern of delegated authority and questionable oversight of critical executive decisions.
According to Just the News, internal White House memos reveal that President Biden's staff initially mandated his personal signature on pardons, but later allowed Vice President Kamala Harris to make clemency decisions. The documents were uncovered during a Trump White House investigation into Biden's use of autopen signatures for official documents.
The investigation has exposed significant gaps in record-keeping and raised questions about Biden's direct involvement in major executive decisions. White House records show no evidence of Biden's presence at four crucial clemency meetings between December 2024 and January 2025.
Staff Secretary Jess Hertz's February 2021 memo explicitly stated that Biden should personally approve and hand-sign all presidential actions. The directive was distributed to senior staff members, including Chief of Staff Ron Klain and other key personnel.
Despite claims of Biden's participation, the National Archives could not locate any contemporaneous notes confirming his attendance at four pivotal clemency meetings. These meetings resulted in significant decisions, including pre-emptive pardons for Biden family members and death row commutations.
The White House Counsel's office acknowledged in a February 2024 memo that obtaining the president's approval could take weeks due to his schedule. This delay led to an increasing reliance on Vice President Harris's judgment for clemency decisions.
By the final year of Biden's presidency, Harris had assumed an unprecedented role in the clemency process. The White House Counsel's office documented that her approval became sufficient for moving forward with pardons.
During the critical period of December 2024 to January 2025, Biden's briefing books contained minimal information about clemency actions. Only the December 13 briefing included substantial material about CARES Act home confinement recipients.
The investigation revealed that a crucial memo regarding the commutation of 37 death row inmates showed no indication of Biden's final approval. Yet, all these commutations were processed and signed.
The House Oversight Committee, led by Chairman James Comer, has launched a parallel investigation into the autopen policy. Their probe has revealed limited access to Biden among senior officials responsible for defending his health.
Several key witnesses, including Biden's personal physician and Jill Biden's chief of staff, have invoked their Fifth Amendment rights during committee questioning. This has further complicated efforts to verify the legitimacy of executive decisions.
The investigation's findings suggest a pattern of delegated authority that may have exceeded constitutional bounds. Congressional investigators are now considering challenging the validity of certain pardons and executive orders.
The revelation that Biden granted 4,245 acts of clemency during his four-year tenure makes him the most prolific president in terms of pardons. These numbers have now become a focal point of investigation.
The Trump White House investigation has concluded that Biden effectively outsourced his constitutional responsibilities to Vice President Harris. This delegation of presidential authority has raised serious constitutional questions.
The lack of documentation and proper record-keeping during Biden's final year has created uncertainty about the legitimacy of numerous executive actions. Legal experts suggest these findings could lead to unprecedented challenges to presidential pardons.