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Fauci's pardon illegitimate? Biden's autopen admission gives Trump's MAGA new ammo
Biden only signed off on the criteria and standards for granting these pardons, an investigation of the email communications show.
Former President Joe Biden has defended his use of the autopen while granting clemency and pardons in his final days – a move that is being probed by the Donald Trump administration, with the current POTUS claiming that Biden was not aware of all decisions pushed out by his administration.
Speaking to the New York Times, the Democrat said that he allowed his staff to use his autopen because there were ‘so many people’ he granted clemency to. While the former president maintained that he personally approved all pardons and commutations at the end of his term, he noted that his staff was directed to use the autopen on clemency warrants since there was a ‘whole lot of people’.
“I made every decision”, Biden maintained regarding the 25 pardons and commutations where the autopen was used between December 2024 and January 2025.
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An autopen is a mechanical device used to replicate someone’s signature, and is typically used when there is a large volume of paperwork to be signed.
Speaking of the pardons granted to his family members or other prominent figures like Gen. Mark A. Milley and Dr. Anthony Fauci, Biden said he addressed these personally with his aides. During this time, Biden signed only one pardon by hand – that of his son, Hunter.
Speaking to the publication, Biden said, “Everybody knows how vindictive he is…”, adding that he wanted to shield his family from the legal costs of fighting potential cases.
The NYT reviewed emails handed over to the Trump administration by the Department of Justice, which is probing the autopen usage case. However, not all emails from November 2024 to January 20, 2025, were reviewed.
Nonetheless, the investigation unearthed some key findings.
Biden’s staff had a process to ensure that the former president gave his verbal okay to the use of the autopen, which his staff secretary, Stefanie Feldman, used. Aides, present in meetings, where Biden okayed such use, would then draft emails for the accounts. Among those present were former chief of staff Jeffrey D. Zients and White House counsel, Ed Siskel.
The publication explained the process, saying “At the Jan. 19 meeting, which took place in the Yellow Oval Room of the White House residence, Mr. Biden kept his aides until nearly 10 p.m. to talk through such decisions, according to people familiar with the matter. The emails show that an aide to Mr. Siskel sent a draft summary of Mr. Biden’s decisions at that meeting to an assistant to Mr. Zients, copying Mr. Siskel, at 10:03 p.m. The assistant forwarded it to Mr. Reed and Mr. Zients, asking for their approval, and then sent a final version to Ms. Feldman — copying many meeting participants and aides — at 10:28 p.m. Three minutes later, Mr. Zients hit ‘reply all’ and wrote, ‘I approve the use of the autopen for the execution of all of the following pardons.’”
The investigation also showed that towards the end of his presidency, when Biden was granting clemency and pardons in large batches, he just signed off on broad criteria and standards for the same, instead of taking them up on a case-by-case basis.
In such cases, communications were run by Biden before being sent out, and in one case, he even requested a small change to a press release, the NYT reported.
Another instance showed that small changes were made, and names were added to the list, but Biden was not notified of each adjustment. Instead, his staff ran the final version through the autopen, with a source telling the NYT that such a procedure was routine.
Trump on Truth Social had earlier criticised Biden and the use of the autopen, saying, “This is TREASON at the Highest Level! They did it to destroy our Country. The Joe Biden that everybody knew would never allow drug dealers, gang members, and the mentally insane to come into our Country totally unchecked and unvetted. All anyone has to do is look up his record.”
With the latest report from the NYT, some are saying that Fauci’s pardon is ‘illegitimate’ and that it has to be nullified, while Fauci must be locked up. Fauci, who was the COVID-19 response chief, has long been a target of the MAGA base.
Another noted, “It speaks volumes that the only pardon Biden signed personally was Hunter’s. They knew the autopen was legally shaky, so they made sure the one that mattered most was airtight.”
