Shocking memos expose a troubling shift that occurred in former President Joe Biden’s clemency-granting process. Early in his term, aides insisted he personally sign pardons, yet by 2024, then-Vice President Kamala Harris was calling the shots, as Just the News reports. This raises serious questions about who really wielded the president’s authority.
Internal documents obtained by Just the News reveal that Biden’s team initially viewed his personal signature as essential for official actions like pardons, only to later delegate these decisions to Harris. The Trump White House’s probe into Biden’s use of autopen signatures uncovered this stark departure from protocol. It’s a classic case of passing the buck while claiming full control.
In February 2021, White House staff secretary Jess Hertz circulated a draft memo emphasizing that Biden should hand-sign all pardon letters. This policy, rooted in Obama-Biden precedent, was sent to top aides like chief of staff Ron Klain and deputy chief of staff Jen O’Malley Dillon. Yet, no final version of this memo exists in the National Archives, hinting at a conveniently forgotten rule.
By Biden’s final year, the autopen was routinely used to sign clemency orders, abandoning the earlier hand-signature policy. The Trump investigation found no evidence that Biden attended four critical clemency meetings in December 2024 and January 2025. These meetings approved controversial pardons, including for Biden family members and federal death row inmates.
The National Archives reported, “we did not find specific meeting notes that clearly mention or note that the President was present” for these meetings. Retroactive emails claim Biden gave verbal approval, but no contemporaneous records back this up. Sounds like a convenient cover story for an absent executive.
Biden’s clemency spree was unprecedented, with the Pew Research Center noting he “granted more acts of clemency than any previous chief executive on record.” Over four years, he issued 4,245 acts of clemency, including commutations for CARES Act recipients and those who were subjected to drug-related sentencing disparities. Such a prolific record demands scrutiny, not a free pass.
A February 2024 memo from Biden’s White House Counsel revealed that Harris was increasingly responsible for clemency approvals. The document notes, “in the last round the Vice President’s approval was sufficient to obtain his approval.” This suggests Biden was sidelined, with Harris effectively running the show.
The Trump probe found no briefing books or records addressing these clemency decisions during the critical December-to-January period. A Dec. 13, 2024, briefing book mentioned CARES Act commutations but lacked evidence of Biden’s direct involvement. It’s hard to believe a president was fully engaged when the paper trail is this thin.
For the commutation of 37 death row inmates, a Dec. 10, 2024, memo from White House Counsel Edward Siskel urged Biden to act, listing four options: Approve, Approve as Amended, Reject, or Discuss. The National Archives found no final version showing Biden’s approval, yet all 37 commutations were signed. This smells like a rubber stamp, not a deliberative process.
The documents state Biden’s decision memo on death row commutations is “unmarked, and NARA cannot find a version indicating President Biden’s approval.” This lack of evidence fuels doubts about whether Biden was even in the loop. A president’s signature should mean something, not be a mechanical afterthought.
Biden insisted, “I made the decisions about the pardons, executive orders, legislation, and proclamations.” He called suggestions otherwise “ridiculous and false.” But with no records to back his claim, it’s just hot air against a mountain of missing evidence.
The lawyers’ memo admitted, “it can often take days or weeks for the President to review and approve the clemency package.” If Biden was too busy to sign, was he also too busy to decide? The reliance on Harris suggests a presidency on autopilot.
The House Oversight Committee, led by chair James Comer, is digging into Biden’s autopen use and mental acuity. Their probe found senior aides had limited access to Biden, painting a picture of a disconnected White House. Some staff even invoked the Fifth Amendment, dodging questions about their roles.
Comer’s investigation suggests senior officials failed to prove Biden knew what he was signing. This could challenge the validity of some pardons and executive orders. When aides shield a president from accountability, it’s the American people who lose.
The Trump White House’s findings align with those of Congress, concluding Biden effectively outsourced clemency to Harris in his final year. With no records of Biden’s presence or approval, the autopen controversy exposes a presidency that prioritized optics over responsibility. It’s a stark reminder: leadership demands more than a signature -- manual or machine.
