The Department of Justice under President Donald Trump has launched a sweeping review of pardons issued during Joe Biden’s presidency, raising questions about the former president’s decision-making and the role of unelected staffers in clemency decisions. The investigation, led by pardon attorney Ed Martin, has drawn significant attention from Washington insiders and the public alike.
According to The Hill, the review will examine whether Biden’s cognitive decline allowed staffers to influence clemency decisions or even act on his behalf. The investigation comes as renewed scrutiny of Biden’s mental fitness during his term has reignited debates over his leadership and decision-making ability.
Biden’s clemency record, which included more than 2,500 individual acts of clemency for nonviolent offenders, has been defended by his allies but remains the subject of controversy, particularly regarding pardons granted to his son, Hunter Biden, and other family members.
At the core of the investigation are concerns about the legitimacy of high-profile pardons issued during Biden’s final days in office. Among the most controversial was the pardon of Biden’s son, Hunter Biden, who had been convicted on federal gun charges and pleaded guilty to tax violations. Hunter Biden has long been a political lightning rod for Republicans, who have used his legal troubles as a symbol of alleged corruption within the Biden family.
In addition to Hunter Biden’s case, the review will focus on blanket pardons granted to five family members and a number of former government officials who were targets of political attacks from Trump and his allies. These decisions have left critics questioning whether Biden’s clemency power was used appropriately or as a tool for personal and political protection.
Ed Martin, who is leading the review, stated that his team would take a hard look at these cases, particularly those involving the Biden family. Martin, who also heads the DOJ’s Weaponization Working Group, has emphasized the importance of ensuring that clemency powers are used correctly and fairly. “They need scrutiny because we want pardons to matter and to be accepted and to be something that’s used correctly,” Martin said at a press conference last month.
The Biden administration’s use of clemency powers has become a flashpoint for broader debates about the 46th president’s mental acuity. Critics argue that Biden’s alleged cognitive decline may have left him vulnerable to manipulation by unelected staffers, a claim that the DOJ investigation seeks to address.
White House spokesperson Harrison Fields underscored the significance of the review in restoring public trust. “The American people deserve to know the extent to which unelected staffers and an autopen acted as a proxy president due to the incompetence and infirmity of the previous president,” Fields said in a statement.
Pro-Biden voices, however, have pushed back against these allegations. They point to Biden’s clemency record, which focused largely on nonviolent offenders, particularly those charged with drug-related crimes. Supporters argue that Biden’s decisions were thoughtful and aligned with his administration’s broader criminal justice reform agenda.
Biden’s team has also highlighted the sheer scale of his clemency efforts, which included more than 80 pardons and thousands of sentence commutations. Nonetheless, the inclusion of politically connected individuals in these acts of clemency has fueled skepticism and criticism from Trump’s camp.
Ed Martin’s involvement in the DOJ review has added another layer of intrigue to the investigation. Initially nominated by Trump to serve as the top prosecutor in Washington, D.C., Martin’s nomination was withdrawn due to Republican opposition over his ties to the January 6 Capitol riot. Despite this controversy, Martin has now been tapped to lead the DOJ’s pardon review and the Weaponization Working Group.
Reuters, which first reported on the investigation, revealed that Martin’s probe will focus on whether Biden family members received any undue advantage in clemency decisions. This includes examining death row commutations and other controversial pardons issued during Biden’s presidency.
The review has also reignited calls from individuals denied clemency under Biden, including Michael Cohen and Jesse Jackson Jr., for Trump to reconsider their cases. These voices have added to the growing pressure on the DOJ to ensure a fair and thorough investigation.
The Department of Justice is closely examining pardons issued during Joe Biden’s presidency, focusing on controversial cases involving his family and political allies. Ed Martin, the pardon attorney leading the review, has emphasized the importance of accountability in clemency decisions, particularly those that appear politically or personally motivated.
While Biden's allies defend his clemency record as compassionate and reform-minded, critics argue that some decisions—such as pardons for Hunter Biden and other family members—raise serious ethical questions. The investigation is expected to shed light on whether Biden’s mental fitness or staff influence played a role in these decisions.
