Newly appointed Department of Justice Pardon Attorney Ed Martin has announced a formal review into the use of an autopen to sign pardons and commutations issued during the final days of Joe Biden’s presidency.
Martin, who also leads the DOJ’s Weaponization Working Group, confirmed that the pardons issued under questionable circumstances will be examined closely.
“These deserve some scrutiny,” Martin said, referencing a series of clemency actions that included preemptive pardons and commutations.
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“We want pardons to matter, and to be accepted, and to be something that’s used correctly. So I do think we’re going to take a hard look at how they went and what they did.”
🚨 HOLY CRAP! Ed Martin, the DOJ’s Pardon Attorney, is launching an INVESTIGATION into Joe Biden’s last minute auto-pen pardons
“We’ve never seen pardons of this scope, and it looks like they could be corrupt.”
Schiff and Fauci are going to be losing a LOT of sleep 🤣🔥 pic.twitter.com/ZsvMU7dPwI
— Nick Sortor (@nicksortor) May 13, 2025
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According to a March memo from the Oversight Project, the Biden White House utilized an autopen — a mechanical device that replicates a signature — to authorize 32 separate clemency warrants.
These actions included blanket clemency for several high-profile individuals, some of whom have faced accusations of misconduct or abuse of power.
The Oversight Project’s findings raised concerns over the constitutionality of these pardons if they were not signed by the president himself.
Among the most notable recipients of last-minute pardons were retired Gen. Mark Milley, former National Institute of Allergy and Infectious Diseases Director Anthony Fauci, and former members of the House January 6 Committee, including Reps. Adam Schiff (D-CA), Bennie Thompson (D-MS), Adam Kinzinger (R-IL), and Liz Cheney (R-WY).
Milley, who served as Chairman of the Joint Chiefs of Staff under both Presidents Trump and Biden, received a pardon just hours before Biden left office.
His communications with Chinese Gen. Li Zuocheng in the days surrounding the 2020 election and on January 8, 2021, have drawn scrutiny from critics, including President Trump, who accused Milley of overstepping his authority and suggested the possibility of “treason.”
JUST IN: President Trump declares Biden’s last minute pardons before leaving office are void due to the alleged use of “autopen.”
“Joe Biden did not sign them but, more importantly, he did not know anything about them!”
Biden’s pardons included:
– His family members
– Dr.… pic.twitter.com/ZM6ZzA68Pp— Collin Rugg (@CollinRugg) March 17, 2025
Fauci’s clemency reportedly covered any potential federal offenses dating back to January 1, 2014, including activities tied to federal funding of gain-of-function research — a topic that has remained the subject of congressional inquiries.
Mike Howell, president of the Oversight Project, welcomed Martin’s review.
“The American people were promised accountability, and I think Ed Martin is our best shot at it,” Howell told The Blaze.
“These pardons are fake and invalid, and the president has already said that is his view.”
The Justice Department’s investigation could set up future legal disputes if any of the pardon recipients face prosecution and attempt to invoke clemency protections.
“When these people, like the January 6 Committee and particularly Adam Schiff, are charged and try defending their bogus pardon, then we will start to learn who was really running the White House,” Howell added.
While the presidential autopen has existed since the 1950s, its legal status has remained a gray area.
President Barack Obama used it in 2013 to sign a bill into law while in Hawaii, supported by legal guidance issued under President George W. Bush that allowed autopen use if the president explicitly authorized it.
However, the circumstances surrounding Biden’s final actions have drawn greater concern.
Unlike the Obama-era autopen usage, it remains unclear who authorized the autopen on Biden’s behalf or whether he was personally aware of its use in granting clemency.
Critics argue that if White House staff, rather than Biden himself, executed these pardons, the legitimacy of those actions may be invalid.
Martin’s review will likely focus not only on whether the pardons were legally issued, but also on who was responsible for carrying them out.
🚨Pardon Attorney Ed Martin says Biden’s autopen pardons are being investigated, Everyone involved in major scandals got one:
“Outrageous and unprecedented. Everyone who was touching a major scandal got pardons. Somebody was manipulating things.. Questions about validity.” pic.twitter.com/navgTQk5w3
— Benny Johnson (@bennyjohnson) May 16, 2025
The outcome could have lasting implications on the interpretation of presidential powers and the legality of autopen authorizations in matters involving constitutional authority.
The DOJ has not yet announced a timeline for the completion of the investigation.
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