A newly uncovered memo has thrust former Vice President Kamala Harris into the middle of a growing firestorm over presidential pardons during former President Joe Biden’s final year in office.
The document, obtained by Just The News, suggests Biden was not directly involved in key pardon decisions and often deferred to Harris.
Biden had long insisted he approved the “broad contours” of pardons but admitted he was not briefed on the names of every recipient.
According to aides, Biden’s sign-off was usually verbal before his autopen was used to replicate his signature on official pardon letters. But when he could not review pardon applications, the memo shows he handed the responsibility to Harris.
The memo was among documents gathered by the Trump administration as part of an investigation into who directed the use of the autopen during Biden’s final weeks.
Trump officials have focused on controversial pardons granted to Hunter Biden, Dr. Anthony Fauci, and Liz Cheney.
Biden previously claimed that those figures could have faced criminal prosecution if President Donald Trump had returned to office, according to Trending Politics.
It remains unclear if Biden was present for four clemency meetings, the memo revealed. The sessions reportedly involved discussions on preemptive pardons for Biden family members and inmates on federal death row.
The National Archives confirmed it could not locate “specific meeting notes that clearly mention or note that the President was present” at those meetings.
Another document cited by Just The News said Biden’s decision memo on commuting federal death row sentences was “unmarked” and without a version showing his personal approval.
Statistics add more weight to the controversy. Pew Research Center found Biden issued 4,245 pardons in just four years, more than any other president in history.
In June, Trump ordered White House officials to examine whether Biden’s “original hand signature” appeared on the most high-profile pardons. That review determined an autopen was used on most, if not all, documents.
The first set of guidelines was issued in February 2021, when Staff Secretary Jess Hertz distributed a memo urging Biden to hand-sign presidential pardons. “Based on precedent from the Obama-Biden Administration regarding which documents generally are hand-signed by the President, our recommendation is that as a general rule, YOU personally approve and hand-sign all decisions that require Presidential action,” the draft memo stated.
That memo was copied to Chief of Staff Ron Klain, Jen O’Malley Dillon, Bruce Reed, and Annie Tomasini. Records show it was never turned over to the National Archives.
By February 2024, however, a second memo from the White House chief counsel appeared to change course. The new instructions outlined a “general pattern” where Harris’s approval was used as a substitute for Biden’s.
“Given the President’s schedule, it can often take days or weeks for the President to review and approve the clemency package,” the lawyers wrote. “He previously asked the White House Counsel to discuss the candidates with him, although in the last round the Vice President’s approval was sufficient to obtain his approval.”
The Trump White House now argues the second memo proves Biden “outsourced” his pardon authority to Harris.
