Biden aides worried over autopen signings, limited DOJ vetting in final weeks of presidency: Report

WASHINGTON, DC: High-ranking officials in the Joe Biden administration repeatedly questioned the use of the presidential autopen to execute thousands of pardons and commutations in the final weeks of his term, according to newly obtained internal emails reviewed by Axios.

The emails describe friction inside the West Wing over vetting, timing, and who had actually authorized the automated signatures.

Biden's last minute autopen use after a 'mad dash' to find clemency candidates

After political backlash over Hunter Biden's pardon, White House aides scrambled to identify more people the former president could forgive.

“There was a mad dash to find groups of people that he could then pardon and then they largely didn't run it by the Justice Department to vet them,” a person familiar with the process told Axios.

Biden granted 4,245 acts of clemency during his term, with more than 95% occurring in the last three months, according to a Pew Research analysis cited by the outlet.

By 2025, Biden had used the autopen to pardon five members of his family, including his brother and sister. The decision was made in a meeting that included first lady Jill Biden's top aide, Anthony Bernal, according to internal emails.

Many actions, including pardons, were signed using an autopen, a computerized version of the president's signature that removed the need for him to physically sign documents.

The process for Biden family pardons began late on January 19, after an authorization sent from Chief of Staff Jeff Zients’ account at 10:31 pm read: “I approve the use of the autopen for the execution of all the following pardons. Thanks, JZ.”

According to the emails, the message was sent by Zients’ aide, Rosa Po, who had access to his email. A person close to Zients said, “He spoke to Rosa at the time, and he authorized her to send that email, which she sometimes did, but only with his permission.” 

Justice Department ethics officials warned actions were 'untrue' and 'misleading'

On January 17, just three days before leaving office, fomer President Biden granted 2,490 commutations, all executed with the autopen, the most ever issued by a president in a single day.

Career Justice Department lawyers raised sharp objections to how the recipients were being described and vetted.

Senior DOJ ethics attorney Bradley Weinsheimer wrote that labeling the clemency recipients as “nonviolent” was “untrue, or at least misleading,” warning: “Unfortunately and despite repeated requests and warnings, we were not afforded a reasonable opportunity to vet and provide input on those you were considering.”

Weinsheimer highlighted several “problematic” cases, including a defendant with a violent history who had pleaded guilty to charges related to murder after killing a woman and her 2-year-old daughter.

Despite DOJ objections, Biden commuted the man’s sentence. “I have no idea if the president was aware of these backgrounds when making clemency decisions,” Weinsheimer wrote.

Weinsheimer, a 34-year DOJ veteran, resigned in February after Trump appointees reassigned him from his ethics-focused role.

Other DOJ attorneys, including pardon lawyers, also protested instructions that restricted outreach to victims’ families in certain death-penalty cases. 

Staff demanded proof of presidential autopen while Biden defended his decisions

West Wing paper-flow manager Stef Feldman repeatedly pressed for evidence that former President Biden had personally approved the use of the autopen.

On January 7, she asked, “When did we get [Biden's] approval of this?” Nine days later, on January 16, she wrote: “I'm going to need email from [Rosa Po] on original chain confirming [Biden] signs off on the specific documents when they are ready,” Feldman wrote, according to the report.

Biden has said he “made every decision” and defended the use of the autopen as necessary because “we're talking about a whole lot of people,” remarks he gave to The New York Times and which were later referenced in subsequent coverage.

The publication also reported that at the start of his presidency in 2021, incoming staff secretary Jess Hertz drafted a memo to Biden citing a precedent from the Obama administration to recommend that his original signature continue to be used for “pardon letters.”

Chief of Staff Jeff Zients is scheduled to be interviewed by the House Oversight panel on September 18, which is probing both the clemency process and the use of the autopen.