Internal White House memos obtained by Just the News are raising new questions about Joe Biden’s role in issuing thousands of clemency decisions during his four years in office.
The documents, gathered as part of a Trump administration review, suggest Biden outsourced key responsibilities to Kamala Harris and increasingly relied on the use of an autopen to authorize official actions.
According to the National Archives and Records Administration (NARA), there are no contemporaneous records confirming Biden attended four key meetings late in his presidency where sweeping clemency decisions were said to have been made.
Those decisions included commutations for federal death row inmates, reductions in sentences related to crack-powder disparities, and preemptive pardons for Biden family members.
“We did not find specific meeting notes that clearly mention or note that the President was present,” NARA told the Trump White House Counsel’s office.
One decision memo on commuting federal death row sentences was described as “unmarked,” with no final version confirming Biden’s personal approval.
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Biden publicly insisted in June 2025 that he personally made the decisions. “I made the decisions about the pardons, executive orders, legislation and proclamations. Any suggestion that I didn’t is ridiculous and false,” he said.
But internal White House documents appear to undercut that assertion.
A February 2024 draft memo from Biden’s own counsel’s office outlined the “general pattern” for handling clemency actions.
It noted that delays in Biden’s review schedule often left Harris to provide approval in his place.
“He previously asked the White House Counsel to discuss the candidates with him, although in the last round the Vice President’s approval was sufficient to obtain his approval,” the document states.
The review also found that briefing books provided to Biden in December 2024 and January 2025 contained little to no substantive information on clemency actions.
Only one book, dated December 13, referenced new commutations and provided talking points for an upcoming interview.
The probe uncovered a December 10, 2024, draft memorandum from White House Counsel Edward Siskel recommending Biden commute the sentences of 37 federal inmates on death row.
Options for the president’s response were listed at the top of the memo, but NARA could not locate a signed version confirming Biden’s decision.
Despite this, all 37 commutations were carried out.
Early in Biden’s presidency, White House policy explicitly required him to personally hand-sign pardon letters.
A February 2021 draft memo from Staff Secretary Jess Hertz recommended that “as a general rule, YOU personally approve and hand-sign all decisions that require Presidential action.”
That document was circulated to senior officials, including Chief of Staff Ron Klain, but no final version was preserved in the archives.
By the final year of Biden’s term, the autopen had become common practice.
The Pew Research Center later reported that Biden granted 4,245 acts of clemency during his single term, more than any previous president on record.
The revelations come as both the Trump White House and the Republican-controlled House Oversight Committee conduct inquiries into Biden’s handling of official signatures and his ability to carry out presidential duties.
Oversight Chairman James Comer has alleged that senior aides “failed to prove the former president actually knew what he was signing,” adding that the findings could call into question the legitimacy of some actions.
Congressional interviews with senior Biden aides revealed that many had limited access to the president during his final years in office.
Some described minimal direct interaction, while others invoked the Fifth Amendment when asked about Biden’s health and the autopen process.
Among those declining to answer questions were Biden’s personal physician and Jill Biden’s chief of staff.
The White House review initiated by President Donald Trump in June ordered the counsel’s office to determine whether any officials “conspired to deceive the public” regarding Biden’s mental state and his use of the autopen.
Investigators concluded that by 2024, the president was increasingly “outsourcing” clemency decisions to Harris.
While Biden’s staff continues to insist he remained fit to serve, the documents and gaps in the record are fueling broader questions about how presidential authority was exercised during his administration, particularly in one of the most consequential areas of executive power: pardons and commutations.
🚨Rep. Darrell Issa demands Kamala Harris be dragged in and held accountable for her role in the autopen scandal, Says she seized presidential power and pushed pardons for donors and allies:
“She lobbied for pardons.. Be forced to answer under oath.. Hold her accountable.” pic.twitter.com/t01y4MAljg
— Benny Johnson (@bennyjohnson) June 3, 2025