Former President Biden has now reportedly confirmed that he did not personally review or approve each individual clemency recipient included in the wave of last-minute pardons and commutations issued during the final days of his presidency.
Instead, he said he authorized broad criteria that were used by aides to determine eligibility, with the resulting documents signed using an autopen.
In a recent interview, Biden stated that he had extensive discussions with senior staff regarding the standards for the clemency process, and once those standards were finalized, aides were directed to apply them to large groups of individuals.
The president emphasized that while he did not sign each document by hand, he made every decision involved in the clemency process.
The White House confirmed that the criteria-based approach was developed in consultation with top aides including Chief of Staff Jeff Zients and White House Counsel Ed Siskel.
The staff secretary, Stefanie Feldman, reviewed summaries before the final signatures were affixed using the autopen—a mechanical device commonly used for official correspondence and occasionally for signing legislation or executive orders when authorized by the president.
The mass clemency initiative included nearly 4,000 commutations and pardons, ranging from non-violent drug offenders to high-profile figures such as Anthony Fauci and former military officials.
It also included a rare manual signature for the pardon of Biden’s son, Hunter Biden, the only clemency the president personally signed.
The decision to rely on autopen signatures for the bulk of the actions has drawn criticism from congressional Republicans, who argue the process lacked transparency and direct presidential oversight.
Fauci was pardoned in the dead of night by autopen.
The use of autopen was approved by a White House aide — NYT pic.twitter.com/MZ4fRYYF9q
— Charlie Kirk (@charliekirk11) July 14, 2025
House Oversight Committee Chair James Comer has launched an investigation, questioning whether Biden’s mental acuity may have led staff to overstep their authority.
President Donald Trump has also weighed in, suggesting the use of the autopen invalidates the clemency orders—a claim that legal experts largely dismiss, noting long-standing precedent and formal authorization procedures in place for the device’s use.
Biden, for his part, has dismissed the controversy as politically motivated.
He insisted that the decisions were made in good faith, rooted in clear policy goals, and guided by criteria he personally approved. The White House maintains that the process followed legal protocols and reflected the president’s intent.
With congressional inquiries ongoing, the former administration is expected to defend its process in detail in the coming weeks.
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