Top officials in the Department of Justice raised objections to how former President Biden’s team handled mass pardons during his administration, particularly the use of an autopen to sign official clemency documents. Internal concerns centered around the bypassing of proper vetting, ethical review, and whether Biden was personally involved in the decisions. At least one high-level ethics official resigned in protest.
According to an Axios report, Biden’s staff issued broad clemency to individuals convicted of federal marijuana offenses, claiming they were all nonviolent offenders. However, DOJ officials disputed that claim and said they were not consulted on the criteria or the list of recipients. The process excluded normal channels of review through the Office of the Pardon Attorney, raising alarm about transparency and oversight.
Jeff Zients, Biden’s former Chief of Staff, oversaw the clemency rollout and authorized the use of the autopen—a mechanical device used to sign the president’s name. Though legal, critics argue the move stripped the gravity and accountability from one of the president’s most serious powers. Sources within the administration expressed frustration, stating that clemency was handled more like a political announcement than a legal action grounded in justice.
Bradley Weinsheimer, a senior DOJ ethics official, resigned over the process. He warned that issuing pardons without appropriate internal checks or consultation could undermine public trust. The House Oversight Committee, led by Republicans, has opened an investigation into the matter. Zients is scheduled to testify before the committee on September 18.
Biden claimed full responsibility for the clemency decisions, but did not clarify how involved he was in reviewing individual cases. The administration did not deny the widespread use of the autopen, even for final legal documents.
The controversy has raised broader concerns over how presidential authority was exercised during Biden’s term, and the extent to which high-level decisions were delegated or automated. While presidents have broad clemency powers under the Constitution, the method and process remain subject to political and ethical scrutiny.
The report comes as critics continue to question the transparency and cognitive readiness of former President Biden, who increasingly relied on staff for critical executive actions. The issue also highlights the ongoing need to protect constitutional powers from administrative shortcuts, particularly under the current leadership of President Trump.
