Biden's 4,000+ Final Pardons Spark Legal and Political Challenges Over Autopen Use

Former President Joe Biden's extensive use of presidential pardons and commutations in the final weeks of his term, totaling over 4,000 acts of clemency, has ignited significant legal and political controversy. The core of the dispute centers on the use of an autopen device to sign many of these official documents, leading to accusations from Republicans, including President Donald Trump, that the pardons are "void" and that Biden's staff acted without his full authorization. Senator Mike Lee, for instance, remarked on social media that there was "Troubling news for Biden And those he pardoned," reflecting the ongoing scrutiny.

Biden issued a record number of clemency actions, with 96% occurring between October 2024 and January 2025. These included broad categories of non-violent drug offenders and individuals on home confinement, as well as high-profile preemptive pardons for figures such as Dr. Anthony Fauci, Gen. Mark Milley, and members of the House January 6th Committee. He also pardoned several family members, including his son Hunter Biden, whose pardon was reportedly signed by hand, and others like his brother Francis W. Biden and sister Valerie Biden Owens.

In a July 2025 interview with The New York Times, former President Biden staunchly defended his decisions, asserting, "I made every single one of those." He explained that the autopen was utilized due to the sheer volume of pardons, stating, "Because there were a lot of them." Biden further clarified that his preemptive pardons for political figures and family members were a conscious effort to shield them from what he anticipated would be politically motivated investigations by the incoming administration, noting, "Everybody knows how vindictive he is."

Despite Biden's defense, President Trump and congressional Republicans have launched multiple investigations into the matter. Trump has publicly questioned Biden's mental acuity, alleging that thousands of documents were signed without his active involvement. The Trump White House, the Justice Department, and the House Oversight Committee are scrutinizing the autopen use and the circumstances surrounding these final acts of clemency.

However, legal experts widely contend that the use of an autopen does not invalidate a presidential pardon. Constitutional scholars emphasize that the presidential pardon power, as outlined in Article II, Section 2 of the U.S. Constitution, is broad, final, and generally unreviewable once granted. Attempts by a successor to void a predecessor's pardons are considered legally untenable and would likely face immediate challenges in federal courts, which have historically upheld the irrevocability of such executive actions.