Sen. Ted Cruz Accuses Biden of Breaking Pardon Rules With Autopen Use

Sen. Ted Cruz, R-Texas, is pressing Attorney General Pam Bondi to investigate whether former President Joe Biden violated constitutional requirements in his use of the presidential pardon power by relying on an autopen to issue clemencies, as reported by Fox News.

In a letter obtained by Fox News Digital, Cruz argued that the Biden administration may have “demolished” constitutional safeguards in the final months of Biden’s presidency by authorizing mass commutations and pardons that were not personally signed by the president.

Cruz pointed to Biden’s December 2024 clemency wave, when the White House announced commutations for approximately 1,500 inmates and pardons for 39 others.

Just weeks later, in January 2025, the administration issued an additional 2,500 commutations in a single day — the largest number ever granted by a U.S. president at one time.

Cruz, who chairs the Senate Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, said the clemencies appeared to be issued “based on broad criteria rather than case-by-case evaluations” and that “at least some were signed using an autopen of then-President Biden’s signature.”

“The core Constitutional requirements, considerations, and expectations were demolished in the final months of the Biden administration for partisan and personal motives by President Biden, his family, and his top officials,” Cruz wrote.

Under Article II, Section 2 of the Constitution, the president has the authority to grant pardons and commutations.

This Could Be the Most Important Video Gun Owners Watch All Year

Cruz said that authority requires “an unbroken line from the president to a pardon being granted,” ensuring that officials, recipients, and the American public can be confident that clemency decisions are made explicitly at the president’s direction.

Cruz cited an Axios report that revealed internal White House emails showing concerns raised by staff over the autopen’s use and the manner in which pardons were approved.

According to Cruz, the emails suggest Biden’s aides “implemented a process that separated the President from officials responsible for signing pardons on his behalf.”

“They could not know if they were doing so at the President’s direction, either on a case-by-case basis or as a matter of criteria,” Cruz wrote.

The Texas senator warned that such practices could lead to a “constitutional crisis in which the other branches and the American people cannot have faith that the President’s Article 2 pardon power was legitimately deployed.”

Cruz said if it is determined that pardons and commutations were issued without the president’s explicit involvement, their validity could be called into question. He added that officials who approved or used the autopen should be “held accountable.”

Cruz offered to provide Bondi with assistance in reviewing the matter as the Justice Department continues its ongoing investigations.

The opinions expressed by contributors and/or content partners are their own and do not necessarily reflect the views of LifeZette. Contact us for guidelines on submitting your own commentary.