A Senate Republican has dropped a bombshell accusation against the former president, claiming Joe Biden’s administration shredded constitutional norms with a flood of questionable pardons.
According to Fox News, Sen. Ted Cruz, R-Texas, penned a sharp letter to Attorney General Pam Bondi, alleging that over 4,000 pardons and commutations issued in Biden’s final months may have bypassed critical legal standards through the use of an autopen. The sheer volume, including a record-breaking 2,500 commutations in a single day, raises eyebrows about whether proper oversight was even attempted.
This isn’t just about numbers; it’s about process. Cruz, a key figure on the Senate Judiciary Committee, insists that the Constitution demands a direct line from the president to each act of clemency, not a rubber stamp or a machine’s signature.
In December, Biden’s team commuted sentences for around 1,500 inmates and pardoned 39 others, followed by an staggering 2,500 just over a month later. Cruz argues these actions relied on broad, blanket criteria rather than individualized reviews, a shortcut that smells of political expediency.
He didn’t mince words in his letter, stating, “These core Constitutional requirements, considerations, and expectations were demolished in the final months of the Biden administration for partisan and personal motives.” If true, this isn’t just sloppy governance; it’s a deliberate sidestep of accountability that could undermine public trust.
The autopen’s role here is the real sticking point. Cruz claims its use suggests Biden may not have personally directed these decisions, a breach that could call the legitimacy of every single pardon into question.
Under Article II, Section 2 of the Constitution, presidential pardon power must flow directly from the Oval Office, a principle Cruz says ensures clarity for officials, recipients, and citizens alike. He emphasized, “Everyone involved in the process should have absolute confidence a pardon was granted at the president’s explicit direction.”
Yet, recent reports, including a revealing Axios piece with internal emails, suggest Biden’s team created a disconnect between the president and those signing on his behalf. This setup, Cruz warns, means officials couldn’t confirm whether they acted under Biden’s specific orders, either per case or by set standards.
Such a breakdown isn’t just bureaucratic negligence; it risks a full-blown constitutional crisis. If the executive branch can’t prove its actions align with the president’s intent, the entire clemency process becomes a house of cards.
Cruz’s letter isn’t a solo shot; it aligns with ongoing congressional probes and Justice Department scrutiny into how Biden’s administration handled these mass clemencies. He’s offered direct assistance to Bondi, signaling a readiness to dig deeper into what he sees as a profound abuse of power.
He pointedly noted, “If the integrity of the clemency process was broken by Biden officials, such that the relevant actions were not taken at the President’s direction, the status of the pardons and commutations would at a minimum be cast into doubt.” This isn’t merely about paperwork; it’s about ensuring those who wielded the autopen face consequences if they overstepped.
The senator’s push for answers reflects a broader concern that executive overreach, especially under the guise of progressive leniency, could erode foundational checks. Letting thousands of decisions slip through without clear presidential intent sets a dangerous precedent for future administrations.
As investigations unfold, Cruz’s critique frames a larger battle over the sanctity of constitutional authority against what he sees as partisan gamesmanship. His words carry weight: a system where the public can’t trust that pardons reflect the president’s will is a system teetering on illegitimacy.
The Biden administration’s apparent reliance on autopens and sweeping criteria, if proven, suggests a troubling disregard for the gravity of clemency. While mercy has its place, it must never become a political tool, rushed through in the twilight of a presidency to score points or settle scores.
This saga isn’t over, and with Cruz and others pressing for clarity, the fallout could reshape how pardon power is wielded. For now, the question lingers: did Biden’s team uphold the Constitution, or did they autograph their way past it with a machine?
