Donald Trump's White House Counsel has raised legal and procedural doubts about former President Joe Biden’s reliance on autopen technology for signing pardons and commutations, calling for a comprehensive investigation by the Department of Justice and Congress into whether Biden actually authorized these numerous acts of clemency, as Just the News reports.

The concerns were encapsulated in a detailed memo from Trump's White House Counsel, David Warrington, chief of staff Susie Wiles. The memo suggested concerns might warrant further scrutiny by legal and legislative bodies to ensure all protocols were followed.

Autopen use scrutinized

According to internal communications, the handling of Biden’s wave of pardons was handed over to then-Vice President Kamala Harris, with Biden’s staff using an autopen for his signature.

This method was reportedly chosen due to the high volume of clemency cases processed, particularly in December 2024 and January 2025, where thousands of individuals saw their sentences commuted over crack-powder sentencing disparities.

The memo detailed how the materials presented for Biden's signature included long lists of names, requiring only his autopen signature rather than a personalized review. Concerns arose around the potential for manipulation of recipient lists by Biden's staff after their approval, risking errors in the clemency process.

Further doubts about Biden’s personal engagement and understanding of each case were fueled by findings indicating he did not read individual clemency warrants. There was also mention of concerns regarding Biden’s mental fitness to thoroughly oversee such processes.

Memo highlights cognitive concerns

The implications of these concerns were significant, touching on issues of oversight and presidential authority. Warrington’s memo reportedly questioned the adequacy of the autopen’s use in such significant matters, challenging the practice’s validity under these circumstances.

“This argument would make sense if, for example, President Biden was signing commutations or pardons for each individual receiving clemency. In reality, the materials drafted by Biden White House staffers contained lengthy lists of names and required only a few presidential autopens,” the memo criticized, suggesting a procedural shortcut that might be legally questionable.

The seriousness of the memo’s tone suggested that not only operational but ethical standards might have been compromised for convenience or due to potential diminished faculties of the president, as inferred regarding Biden's mental state.

Call for investigation emerges

The White House Counsel recommended making the contents of these concerns known to the Department of Justice and Congress. “As the WHC does not have the authority to conduct interviews, we recommend that you approve making the information contained in this memorandum and the supporting materials available to entities that do have that power,” Warrington wrote in his recommendation.

By circulating these doubts among lawmakers and law enforcement, the Trump administration’s counsel hoped to initiate an investigation that could bring transparency and possibly corrections to the process of presidential clemency as practiced by Biden.

“We believe that answering the questions above requires interviewing those involved,” Warrington emphasized, pushing for a thorough exploration into whether all legal and procedural boundaries were respected during Biden's term, specifically concerning his last acts as president.

Clemency practices poised for reform?

The impact of these investigations could potentially reshape the understanding and administration of presidential pardons and commutations. With transparency as the stated goal, the memo expresses a broader intent to refine the clemency process and ensure strict adherence to both legal frameworks and presidential accountability in these powerful acts of mercy.

As these concerns gain public and governmental traction, they may influence how future administrations handle similar decisions, perhaps urging more direct involvement by presidents or stricter controls on the use of technological aids like autopens in executing pivotal legal documents.

The inquiry proposed by the Trump White House Counsel, if taken up by the DOJ and Congress, could lead to significant insights into the practices that govern executive clemency, potentially prompting reforms or affirmations of the process, depending on the findings.