In a move that’s sending shockwaves through Washington, the Department of Justice has launched a formal investigation into the final acts of clemency issued by former President Joe Biden. The question at the center of the probe: Was Biden mentally competent to issue dozens of sweeping pardons and commutations—or were they rubber-stamped by staffers using an autopen?
The investigation is being led by Ed Martin, head of the DOJ’s weaponization task force and a pardon attorney. According to an internal email obtained by Reuters, Martin’s inquiry will examine whether Biden’s family members and close aides exploited his cognitive decline to issue pardons without his knowledge or consent.
At the heart of the controversy are Biden’s pardons for several members of his own family. Just 48 hours before Donald Trump returned to the presidency in January, Biden issued “full and unconditional” pardons—backdated to 2014—for James Biden, Sara Jones Biden, Valerie Biden Owens, John Owens, and Francis Biden. He had granted a similar pardon to Hunter Biden weeks earlier.
Biden also commuted the sentences of 37 federal death row inmates, a sweeping move that would have drawn intense scrutiny under any circumstances—but especially in light of Biden’s visibly diminished mental state at the time.
These final acts of clemency were signed using an autopen, a mechanical device that replicates a signature, raising the possibility that Biden wasn’t personally involved at all. Recent revelations about his cognitive decline—and the apparent White House cover-up—have fueled speculation that others were making presidential decisions for him.
Martin revealed he’s working with a whistleblower who claims to know which insiders had access to the autopen and were allegedly “making money off of it.” Among those named as potential “gatekeepers”: former White House Chief of Staff Ron Klain, Biden advisor Anita Dunn, and Robert Bauer, a former Obama attorney. Martin also flagged former Biden counselor Steve Ricchetti and First Lady Jill Biden as key players.
The whistleblower’s claims haven’t been verified, but the allegations alone are raising serious constitutional questions. If executive authority was exercised by unelected aides without Biden’s knowledge or capacity, it would mark one of the greatest breaches of presidential power in U.S. history.
CNN’s Jake Tapper even acknowledged that the growing scandal could eclipse Watergate. In his words, the implications of Biden not actually governing—of being a figurehead while staffers issued major executive orders—might be “even worse than Watergate in some ways.”
Adding to the fire, a watchdog group recently reviewed several Biden-era executive orders—particularly related to climate change—and found “no evidence” that Biden was involved or even aware of what he was signing. That finding bolsters the argument that Biden’s presidency may have been functionally run by others without legal authority.
The investigation could lead to subpoenas, testimonies, and potentially criminal referrals depending on what the DOJ uncovers. Republicans are already calling for public hearings to determine how deep this rabbit hole goes.
What began as concern over the legitimacy of a few pardons has now ballooned into a full-blown constitutional crisis. If Biden was not the person making final executive decisions in his final months—or even earlier—it opens up unprecedented questions about governance, legality, and accountability at the highest level of power.
Americans may soon learn who was really pulling the strings.
