In a controversial move that could further deepen political divides, US President Donald Trump’s administration has initiated a Justice Department investigation into clemency decisions made by former President Joe Biden, including pardons granted to his family members and commutations issued to 37 federal death row inmates

According to an internal email accessed by Reuters, Ed Martin, the current pardon attorney under the Trump administration, informed staff that he had been “directed to investigate” Biden’s use of pardon powers during his final weeks in office

The investigation aims to determine whether Biden was mentally competent at the time the pardons were signed and whether others, possibly White House aides, took advantage of his condition through the use of an autopen — a mechanical device capable of replicating a person’s signature

What is under scrutiny?

The scope of the investigation primarily revolves around two areas:

1. Preemptive pardons issued to five Biden family members, including siblings James Biden, Frank Biden, Valerie Biden Owens, and their spouses

2. Commutations for 37 federal inmates, most of whom were on death row but had their sentences reduced to life imprisonment

Additionally, Hunter Biden, President Biden’s son, was pardoned on December 1 after pleading guilty to tax violations and facing gun-related charges This particular decision has been repeatedly criticised by Trump allies

While no formal evidence has emerged that President Biden actually used an autopen for signing these pardons, Martin’s investigation is treating the matter as serious, citing potential procedural lapses and questions about Biden’s judgment

What is the autopen and why is it controversial?

The autopen has been a subject of political contention in the past Although legally accepted for signing official documents, critics argue it undermines the authenticity of presidential authority

In 2005, a Justice Department memo under George W. Bush affirmed the validity of autopen-signed presidential directives, provided the President authorised the use Yet, sceptics within the Trump administration argue that reliance on such a device by an ageing president facing health challenges calls the decisions into question

Speaking at a press event on 13 May, Ed Martin remarked, “If you use the autopen for pardon power, I don’t think that’s necessarily a problem. But I still felt the Biden pardons warranted scrutiny”

Health concerns and political motives

This investigation comes at a time when Biden’s health and cognitive capabilities have become topics of national debate Biden, who was 82 when he left office in January 2025, had recently been diagnosed with skin cancer, and excerpts from a newly published book reveal that top Democrats were increasingly concerned about his stamina and decision-making during his final year

These concerns came to a head after Biden’s poor performance in a presidential debate last year, following which he dropped out of the 2024 reelection race

Critics of the current probe say the investigation is deeply political and part of a broader Republican strategy to delegitimise Biden’s legacy

“This isn’t about legality. It’s about vendetta,” said a senior Democratic aide who requested anonymity “They’re trying to paint Biden as mentally unfit retroactively, just to justify their own sweeping clemency policies”

Trump’s own record on pardons

Ironically, President Trump himself is no stranger to controversy regarding the use of presidential clemency Upon returning to office in January 2025, Trump signed nearly 1,600 pardons, many of them granted to individuals facing charges connected to the 6 January Capitol riots — an event that was an attempted disruption of the 2020 election certification in Biden’s favour

Legal experts note that while presidential pardon power is absolute under Article II of the Constitution, investigations like this can be used to challenge political reputations, especially in hyper-polarised climates

“The President’s pardon power is plenary,” said Professor Dana Turner, a constitutional law expert from Georgetown University “You can’t criminally prosecute a pardon But you can certainly investigate the circumstances under which it was issued”

Will the investigation lead anywhere?

So far, no public timeline has been provided for when the probe will conclude, nor is it clear who ordered Ed Martin to launch it The Justice Department has refused to comment on ongoing internal deliberations

Meanwhile, the story is already being used by Trump allies to raise doubts about the legitimacy of decisions taken in Biden’s final days in office Some far-right commentators have even called for reversing Biden’s pardons, though such a move is constitutionally uncharted territory

As the 2026 midterm elections approach, the political stakes surrounding the investigation are high The case is likely to become a flashpoint issue as the battle between legacy and revenge politics intensifies

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