The controversy over President Biden’s use of an autopen to sign official documents has grown worse with the release of new emails. The released memos show confusion inside both the White House and the Justice Department over whether Biden was even aware of the clemency warrants being pushed through under his name.
The emails, first obtained by the New York Post, reveal that Biden had given only verbal approval for a wave of clemency grants covering roughly 2,500 inmates, many convicted on crack cocaine charges. The warrants were not actually signed by autopen until January 17. On the night of January 16, Staff Secretary Stef Feldman, who oversaw the autopen, emailed colleagues saying she could not proceed without written confirmation that the president had personally approved the documents. She wrote that she needed “email … confirming P signs off on the specific documents when they are ready.” Just minutes later, Deputy White House Counsel Tyeesha Dixon forwarded Feldman’s request to her chief, adding bluntly, “He doesn’t review the warrants.”
Justice Department officials were equally uneasy. One associate deputy attorney general flagged vague wording in the warrants, specifically the phrase “offenses described to the Department of Justice.” The official warned it could be misinterpreted and asked the White House for a clear directive from the president. Records show no evidence that such a directive was ever given.
The issue is not just poor phrasing. At stake is whether Biden himself authorized clemency for individuals who included violent offenders. If he did not, then unelected staff effectively carried out sweeping legal decisions in his name, and the media covered it up relentlessly. That possibility would be unprecedented and could cast doubt on the legitimacy of the actions taken.
Congressional committees are now pressing for answers. Former aides have been called to testify, and some have already invoked the Fifth Amendment. Lawmakers are examining whether Biden’s declining health or inattention left a vacuum that staffers filled by taking on powers that belong to the president alone.
The broader concern, though, is public trust. The presidency relies on the understanding that the elected leader is making consequential decisions, not anonymous aides behind the scenes.
The former Biden White House has yet to fully explain what happened, and until it does, questions will remain. What began as a dispute over mechanical signatures now cuts to the core issue: was the president himself in charge of decisions made under his name, and if he wasn’t, are those decisions now null and void?