A shadow of doubt lingers over the handling of presidential pardons, as a Justice Department investigation into the use of an autopen by the Biden administration remains active – a fact sharply contrasting with earlier reports from major news organizations.
Initial accounts from outlets like The New York Times, CBS News, and NBC News suggested the inquiry had been closed, but Fox News now reports the investigation is very much ongoing. This revelation throws a new light on the scrutiny surrounding thousands of clemency and executive actions signed not with a handwritten signature, but by an automated device.
While the investigation continues, authorities have indicated that Joe Biden himself is not currently a target. A senior DOJ official explained the broad scope of the pardon power, suggesting it would be difficult to establish criminal liability for the former president.
The story first gained traction thanks to the work of the Oversight Project, which unearthed evidence of widespread autopen use. Their analysis revealed a consistent signature on pardons issued to a range of individuals, including members of the Biden family, Anthony Fauci, General Milley, and those involved with the January 6th Committee.
The initial discovery centered around one autopen signature, quickly dubbed “Autopen A.” However, the Oversight Project later identified a second distinct autopen signature – “Autopen B” – used on pardons and commutations, adding another layer of complexity to the situation.
The intrigue deepened further with the revelation of a third autopen, utilized from the very beginning of the Biden presidency to sign official proclamations. This expanded use raised questions about the extent of the practice and the individuals involved.
Emails obtained by the National Archives and reviewed by The New York Times offered a glimpse behind the scenes. These communications indicated that Biden’s staff made decisions regarding the autopen signatures independently, without direct orders from the former president.
Perhaps most significantly, the emails revealed instances where Biden did not personally approve the final list of names for pardons, even after revisions were made. His aides proceeded to run the altered version through the autopen without seeking his explicit authorization, raising serious questions about protocol and accountability.
Despite reported pressure from a previous administration to pursue criminal charges, the Justice Department reportedly failed to build a case against Biden and his aides. The ongoing investigation suggests the matter remains far from settled, and the full implications of the autopen usage are still being determined.