The internal memos obtained by Just the News shine a harsh light on the Biden White House’s handling of presidential clemency powers and its increasing reliance on the autopen. Early in his administration, aides insisted Biden personally sign pardons and commutations by hand, citing precedent. But by his final year, the record shows a shift: Vice President Kamala Harris was approving clemency packages in his stead, and the president himself may not have been present at the very meetings where his aides claim he gave “verbal approval.”
The documents raise serious doubts about whether Biden personally exercised his constitutional powers—or whether key decisions, including commutations for death row inmates and pardons for family members, were outsourced. The absence of contemporaneous notes, final signed memos, and substantive briefing materials only fuels suspicion.
With more than 4,200 clemency acts granted during his single term—the most of any U.S. president—the credibility of Biden’s claim that he personally made these decisions is being tested. The issue now carries both legal and political weight, as the Trump White House’s internal probe and the House Oversight Committee investigation may challenge the validity of Biden’s clemency spree.
Early Policy
February 2021 draft memo: Biden to personally hand-sign pardon letters.
Based on Obama-era precedent.
Distributed to senior staff, but no final version found in the National Archives.
Shift in Practice
By 2024, Biden relied heavily on Vice President Harris’ approval for clemency actions.
White House Counsel memo acknowledged Harris’ sign-off was treated as sufficient.
Autopen increasingly used for pardons and commutations.
Missing Records & Questionable Approvals
Four key clemency meetings (Dec 2024–Jan 2025) lack contemporaneous staff notes proving Biden’s presence.
National Archives has no marked approvals for major commutations (e.g., 37 federal death row inmates).
Briefing books from that period do not substantively cover clemency issues.
Biden’s Public Stance
June 2025 statement: “I made the decisions” — denies suggestions he was uninvolved.
Contradicted by internal memos showing reliance on Harris and staff.
Scope of Clemency
Pew Research: Biden granted 4,245 clemency acts — more than any prior president.
Included family pardons, death row commutations, CARES Act inmates, and drug sentencing reforms.
Investigations
Trump White House review concluded Biden outsourced clemency to Harris.
GOP-led House Oversight probing autopen policy and Biden’s mental fitness.
Biden’s physician and Jill Biden’s chief of staff invoked the Fifth before Congress.
Implications
Raises constitutional questions about whether clemency powers were personally exercised by Biden.
Could open legal challenges to pardons, commutations, and executive orders signed via autopen.
Politically reinforces GOP narrative of Biden’s diminished capacity and opaque White House operations.
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