A recent report by The New York Times reveals that former President Joe Biden did not personally review every individual granted a pardon during his final months in office. Instead, Biden authorized the standards for which inmates could qualify for pardons, but he did not individually approve each name on the lists. According to an aide, the Bureau of Prisons provided updated information on eligible inmates, and those changes were processed without Biden's direct involvement. Staff utilized an autopen to finalize the clemency actions, which they considered a routine procedure.
During his last months in office, Biden issued a series of pardons and clemency actions, including clemency for 1,500 individuals placed in home confinement due to the COVID-19 pandemic and pardons for 2,500 drug offenders. Notably, he also pardoned family members, including his son, Hunter Biden, and other high-profile individuals such as Dr. Anthony Fauci and General Mark Milley. Biden personally signed only his son’s pardon, while the rest were finalized through the autopen.
The report indicates that Biden made decisions regarding clemency orally during staff meetings, with the actions managed by staff secretary Stefanie Feldman. This process has drawn scrutiny from President Donald Trump and congressional Republicans, who have initiated investigations into the use of the autopen, questioning whether some pardons were issued without Biden's explicit consent.
In response to these allegations, Biden has asserted that he made all clemency decisions, including the establishment of the categories for pardon eligibility. Concurrently, Biden’s White House physician, Kevin O’Connor, has refrained from answering questions regarding Biden’s health and the use of the autopen during a congressional deposition, citing his Fifth Amendment rights.