Former President Joe Biden has pushed back against criticism over his end-of-term pardons and use of an autopen to sign them, insisting he personally made all clemency decisions before leaving office. In an interview with The New York Times, Biden emphasized that while he approved pardons in broad categories, he authorized the criteria for who would qualify.
“I made every single one of those, including the categories,” Biden stated. He acknowledged that aides finalized names based on standards he approved, especially in large batches like the nearly 2,500 nonviolent drug offenders pardoned in January and 1,500 home confinement commutations.
Trump and GOP Attack Autopen Use
Republicans, led by President Donald Trump, have continued to assail Biden for using an autopen to sign pardons and official documents. Trump called it a “tremendous scandal,” claiming without evidence that Biden was unaware of what was being signed.
Biden dismissed the attacks, saying, “The autopen is legal… other presidents used it, including Trump.” He called the controversy part of Trump’s “consistent game plan” to divert attention. “They’re liars. They know it,” Biden added.
Investigations into Biden’s Mental Fitness
The criticism comes as Republicans investigate Biden’s mental fitness while in office. Senate Republicans and the House Oversight Committee have launched probes into whether Biden was in control of presidential decisions, including the use of the autopen. Biden’s former physician invoked the Fifth Amendment when questioned in a closed-door hearing.
Pardons for Family and Allies
Biden confirmed he pardoned family members, including his son Hunter, to protect them from political retaliation by Trump. “I know how vindictive he is… all it would do is run up legal bills,” Biden said.
He also ensured a preemptive pardon for former Joint Chiefs of Staff Chairman Mark Milley, citing concerns over Trump’s potential revenge.
Biden Stands by Decisions
The Times reviewed emails confirming a process where Biden made clemency decisions before autopen signatures were applied. Although some name lists changed slightly with new information, aides considered this routine and did not resubmit them to Biden.
Biden concluded, “If I told you three years ago we’d have a president doing this, I think you’d look at me and say, ‘What, are you crazy?’”
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