Newly obtained documents have raised serious questions about how former President Joe Biden handled one of his most solemn constitutional duties.
A memo reviewed by Just The News indicates Biden may have routinely deferred decisions on presidential pardons to then–Vice President Kamala Harris, fueling speculation that he was not fully engaged in the process.
The issue has drawn renewed scrutiny as the Trump administration investigates Biden’s use of the presidential autopen during his final months in office.
Officials are working to establish who authorized the device, which applied Biden’s mechanical signature to hundreds of pardons, including those for Hunter Biden, Dr. Anthony Fauci and Liz Cheney.
Records show aides generally sought Biden’s verbal approval before executing a pardon with the autopen.
Yet memos suggest that in multiple instances, Biden was unwilling or unable to review applications himself, turning instead to Harris for the final call.
A February 2024 White House counsel memo specifically noted, “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 National Archives and Records Administration has admitted it cannot locate “specific meeting notes that clearly mention or note that the President was present” during several clemency meetings.
These included conversations about preemptive pardons for Biden family members as well as commutations for federal death row inmates.
One decision memo on capital punishment was left unmarked, with NARA stating it could not find any version showing Biden’s direct approval.
Concerns about Biden’s personal involvement began almost immediately after he entered office, Trending Politics notes.
In February 2021, less than a month into his presidency, White House Staff Secretary Jess Hertz drafted a memo urging Biden to personally hand-sign pardon letters.
“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 memo stated.
Copies were circulated to senior aides including Chief of Staff Ron Klain and Deputy Chief of Staff Jen O’Malley Dillon. There is no indication that this draft was ever submitted to the National Archives.
Despite that recommendation, a later 2024 memo acknowledged Biden’s demanding schedule caused delays in clemency reviews and revealed that Harris’s sign-off was at times treated as sufficient.
“Note: Given the President’s schedule, it can often take days or weeks for the President to review and approve the clemency package,” it read.
Biden’s record only sharpens the questions. According to Pew Research Center, he granted 4,245 pardons during his single term, the most ever issued by a president in four years, per TP.
Trump administration officials argue the memos prove Biden abdicated one of the presidency’s core responsibilities.
In June, President Trump directed staff to determine whether Biden’s original signature appeared on any of the high-profile pardons. Investigators concluded the autopen was used on most, if not all, of the documents.
Although Biden has insisted he approved the “broad contours” of clemency decisions, he acknowledged earlier this year that he was not provided with the names of every recipient.
For critics, the documents suggest Harris played a far greater role in shaping clemency decisions than the public was led to believe, raising fundamental questions about how the pardon power was exercised during Biden’s presidency.
