The Trump White House Counsel has been stirring up some serious discussions about the legality behind Joe Biden’s last-minute pardons and commutations. They are pushing the Justice Department and Congress to have a chat with Biden’s former advisors to verify if he indeed signed off on these acts of clemency, considering an autopen operated by his staff was used. “We believe that answering the questions above requires interviewing those involved,” White House Counsel David Warrington mentioned in a memo to President Trump’s Chief of Staff Susie Wiles.
The memo highlights that the White House Counsel lacks the authority to conduct such interviews. Therefore, Warrington suggested sharing this information with entities that possess the power to dig deeper. By involving the Department of Justice and the United States Congress, the hope is to aid their investigations and provide transparency to the American citizens.
Reports from Just the News have unveiled some eye-opening internal memos that suggest Biden might have handed over clemency decisions to then-Vice President Kamala Harris. It appears he also allowed his staff to use an autopen for the pardons during the final stretch of his presidency, although staff initially believed he needed to personally sign these actions. The memo from Warrington also questions Biden’s claim to The New York Times that the autopen was necessary due to the high volume of pardons at the end of his term.
The argument presented is that if Biden was truly signing each commutation or pardon individually, his reasoning would make sense. However, the materials prepared by his staff listed names extensively and required minimal autopen signatures. For instance, the December 2024 commutation involving nearly 1,500 people on home confinement needed just one signature, according to the memo.
In January 2025, a commutation covering almost 2,500 individuals for crack-powder sentencing disparities required merely three signatures. The WHC memo mentioned that this isn’t being raised solely due to Biden’s apparent misstatement. Whether the streamlined process was for simplicity or due to Biden’s declining faculties, it resulted in several issues.
The memo pointed out that Biden’s staff secretary was uncertain if the president had actually okayed specific individuals for clemency. Staffers had the ability to modify the list of clemency recipients even after Biden’s supposed approval. The memo also noted that the broad language used could lead to violent criminals being released and possibly create confusion for DOJ officials processing these pardons.
The WHC also discovered through the memo that a Biden staffer claimed the president did not review the warrants for pardons or commutations. Some questions they want Biden officials to answer include why Biden’s briefing books from December 2024 and January 2025 lacked substantial information on the pardons he allegedly approved.
They are also curious about why there were delays in communicating Biden’s decisions on pardons or commutations. Furthermore, there are queries about whether staffers under Chief of Staff Jeff Zients and Deputy Chief of Staff for Policy Bruce Reed sent emails on pardons without informing the recipients.
Another pressing question is if Biden was mentally fit for presidency, why did he rely on cheat sheets explaining he had approved commutations for 1,500 people or a pardon for his son? Additionally, if a memo authorizing widespread autopen use was drafted before Biden took office, was there already skepticism regarding his capability to serve as president?
These questions reflect a broader concern about the transparency and authenticity of Biden’s clemency decisions. The Trump White House Counsel believes that getting answers to these questions is crucial for ensuring accountability in the highest office.
Darnell Thompkins is a Canadian-born American and conservative opinion writer who brings a unique perspective to political and cultural discussions. Passionate about traditional values and individual freedoms, Darnell’s commentary reflects his commitment to fostering meaningful dialogue. When he’s not writing, he enjoys watching hockey and celebrating the sport that connects his Canadian roots with his American journey.