Trump Justice Dept. Investigating Whether Biden Was ‘Competent’ Enough to Grant Final Pardons

by Kevin MaguireJune 4, 2025, 6:07 pmNews >

The Department of Justice is looking into whether former President Joe Biden was “competent” enough to issue last-minute pardons during his final days in office.

Ed Martin, the DOJ’s pardon attorney, sent an email to staff members to investigate if the 82-year-old Biden “was competent and whether others were taking advantage of him through the use of autopen or other means.” Martin’s nomination as U.S. Attorney for D.C. was recently withdrawn after he was found to have hosted a neo-Nazi on his podcast repeatedly.

The investigation will specifically focus on pardons granted by the former president to family members and death row inmates.

Martin has specified that the use of an autopen to sign off on presidential pardons requires a higher degree of scrutiny.

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An autopen is a mechanical device that automatically replicates a person’s signature. No law prohibits the use of an autopen, and presidents have commonly used it for years.

On Tuesday, White House Press Secretary Karoline Leavitt clarified that the primary concern was whether Biden was aware that an autopen was being used to sign off on pardons.

“It’s whether or not the president of the United States knew it was being used, and if not, who was using it in his name, which is illegal behavior,” said Leavitt.

President Donald Trump has said that Biden did not officially approve of the pardons issued in his final days as president.

“In other words, Joe Biden did not sign them, but, more importantly, he did not know anything about them!” Trump posted on social media back in March.

Biden’s mental acuity was heavily scrutinized throughout his 2024 election campaign. He eventually dropped out of the race, leading to former Vice President Kamala Harris taking over as the leading Democratic candidate.

Many of the former president’s closest aides have affirmed Biden was fully capable of making sound decisions, and there is no evidence to suggest he did not intend to grant the pardons.