Was Joe Biden mentally sharp enough to wield the presidential pardon pen? According to the New York Post, the Justice Department, now under President Donald Trump’s watch, is digging into whether Biden, at 82 when he left office on Jan. 20, 2025, was competent to issue a flurry of last-minute clemency orders. The probe’s raising eyebrows—and plenty of questions.
The investigation zeros in on pardons and commutations Biden granted before exiting the White House, including five for first family members and 37 for federal death row inmates. It’s a bold move by Trump’s DOJ, sparked by concerns over Biden’s mental acuity and the curious use of an autopen for signatures. Turns out, actions have consequences.
Back on Dec. 1, 2024, Biden pardoned his son, Hunter, wiping clean a guilty plea for tax violations and a firearms conviction, plus any offenses since 2014. This wasn’t just a one-off—Biden also shielded family members James Biden, Frank Biden, Valerie Biden Owens, John Owens, and Sara Biden from what he called “politically motivated investigations.” Sounds like a family reunion with extra legal perks.
In December 2024, Biden commuted sentences for 37 of 40 federal death row inmates, including some convicted of heinous crimes. The DOJ’s now sniffing around whether Biden personally signed these orders or if an autopen—a machine signing documents—did the heavy lifting. An ex-Biden aide hinted the autopen was working overtime in those final days.
The Oversight Project, tied to the Heritage Foundation, flagged dozens of Biden’s executive orders and pardons as autopen-signed. “The [use of the] autopen as a default mechanism picked up in speed,” said Mike Howell, the group’s leader, in January 2025. That’s a fancy way of saying someone might’ve been cutting corners.
DOJ pardon attorney Ed Martin kicked off the probe with a Jan. 27, 2025, email, reported by Reuters, urging staff to examine Biden’s competency and autopen use. Martin wrote that they’d check if Biden “was competent and whether others were taking advantage of him.” It’s a polite way of asking if the former president was played.
President Trump, 78, didn’t mince words, claiming on Truth Social in March 2025 that Biden’s blanket pardons, including for the House Select January 6th Committee, were autopen fakes. “They were done by Autopen,” Trump declared, calling them “VOID, VACANT, AND OF NO FURTHER FORCE OR EFFECT.” That’s Trump’s signature all-caps energy, folks.
House and Senate Republicans jumped in, launching their own inquiries into Biden’s mental sharpness during his term. In January 2025, the House Oversight panel demanded answers from witnesses, including Biden’s physician, Kevin O’Connor. The GOP’s not letting this one slide quietly.
Autopens aren’t new—President Harry Truman used them post-World War II—but Trump’s White House kept a tight leash, with only staff secretary Will Scharf and chief of staff Susie Wiles authorized to use it. Biden’s team, by contrast, seemed to treat the autopen like a kid with a new toy. Oversight’s Howell noted it became “default” in Biden’s final days, even when he was in the White House.
Proving Biden didn’t personally issue the pardons is no walk in the park. Former federal prosecutor Neama Rahmani said on Jan. 28, 2025, it’s “very hard” to make that case without Biden himself admitting it wasn’t him. “It’s highly, highly unlikely,” Rahmani added, throwing cold water on the DOJ’s chances.
Martin, the DOJ pardon attorney, called the presidential pardon power “plenary” in December 2024, meaning it’s absolute. That makes challenging Biden’s clemency orders a legal uphill battle, even if autopen. The Constitution doesn’t care much for technicalities.
The Biden family’s staying mum—a spokeswoman declined to comment. DOJ reps didn’t respond to inquiries either, leaving the story to simmer in the public square. Silence speaks volumes sometimes.
Republicans in Congress are piling on, with the House Oversight panel pushing to grill White House insiders. They want to know if Biden was fully in the driver’s seat or if aides were steering the ship. It’s a question that cuts to the heart of leadership.
Howell’s Oversight Project is “cooperating with all lawful investigations,” he said in January 2025, signaling they’re ready to spill more tea. Their analysis already raised red flags about Biden’s autopen spree. This group’s not backing down.
The probe’s a reminder that power, even in its final hours, comes with scrutiny. Trump’s DOJ and GOP allies are betting Biden’s last acts won’t hold up under the microscope. Whether they’re right or just chasing shadows, the truth will out—eventually.
