Former President Joe Biden’s chief of staff Jeff Zients authorized the use of an automated signing device for high-profile pardons on Biden’s final day in office, according to newly released emails that have intensified Republican scrutiny of the former administration’s use of the autopen technology.
On January 19, Biden met with his aides until nearly 10 p.m. to discuss various preemptive pardons. An aide sent a summary draft of the decisions to Zients’ assistant at 10:03 p.m., who then forwarded the email to Zients and others present in the meeting at 10:28 p.m., requesting approval from Zients and White House deputy chief of staff Bruce Reed.
Three minutes later, Zients replied to the email stating: “I approve the use of the autopen for the execution of all of the following pardons.” The pardons included former chief medical advisor Anthony Fauci and former chairman of the Joint Chiefs of Staff General Mark Milley.
Biden’s team used the autopen on 25 warrants for pardons and commutations in December and January, with two of those warrants granting clemency to thousands of people. On December 12, Biden commuted roughly 1,500 sentences and pardoned 39 more. Three days before leaving office, the president commuted the sentences of nearly 2,500 federal inmates convicted of crack cocaine offenses.
According to reports, Biden approved the standards used to determine which convicts would qualify for pardons or commutations, while his staff handled the specifics. Biden acknowledged in a phone interview that he did not agree to the name of every person who received clemency, explaining that his staff replicated his signature because they were dealing with a large number of cases.
The autopen was managed by former staff secretary Stefanie Feldman, who processed documents through the device. Feldman would receive written accounts confirming that Biden had given orders to use the autopen, though most assistants who drafted those accounts were not present when Biden gave the orders.
President Donald Trump has questioned the legitimacy of Biden’s autopen use, claiming the documents signed through the automated device were void and suggesting Biden was unaware of what he was signing. Trump characterized the situation as potentially one of the biggest scandals in 50 to 100 years, guaranteeing that Biden knew nothing about what he was signing.
In June, Trump ordered his administration to investigate Biden’s use of the autopen, directing Attorney General Pam Bondi and White House counsel David Warrington to handle the probe. The Justice Department launched an investigation to determine whether White House aides abused the power of presidential signatures.
House Oversight Committee Chairman James Comer has requested transcribed interviews with multiple former Biden aides as part of a broader investigation into Biden’s mental fitness and the administration’s use of the autopen. The probe includes former White House chiefs of staff Ron Klain and Jeff Zients, senior advisers Mike Donilon and Anita Dunn, and several other top officials.
Trump’s White House has waived executive privilege for nearly 10 senior former Biden staffers, clearing the way for them to discuss their conversations with Biden during his presidency. The privilege waiver includes Biden White House senior advisers, former chiefs of staff, and other key personnel involved in the administration’s operations.
Former White House physician Kevin O’Connor invoked his Fifth Amendment rights during a closed-door interview with the House Oversight Committee on July 9. O’Connor’s attorney cited both his responsibilities to protect patient privacy and the ongoing Justice Department investigation as reasons for refusing to answer questions about Biden’s health and mental fitness.
Republicans have subpoenaed Anthony Bernal, former chief of staff to former first lady Jill Biden, requiring him to appear for a deposition on July 16. The committee also heard voluntary testimony from Neera Tanden, former director of Biden’s domestic policy council, as part of the expanding investigation.
The White House had conducted internal debates about issuing preemptive pardons to current and former officials who could face inquiries under Trump’s return to office. The discussions, organized by White House counsel Ed Siskel and including Zients, were prompted by Trump’s repeated threats and lobbying by congressional Democrats.
Biden issued preemptive pardons to his family members, including his two brothers and sister, shortly before leaving office to shield them from potential prosecution. The pardons were part of Biden’s broader strategy to protect individuals who might face retribution from the Trump administration.
Democrats have dismissed the Republican investigation as a partisan exercise that distracts from pressing issues. Representative Robert Garcia characterized the probe as a waste of time, arguing that lawmakers should focus on lowering costs for families rather than investigating the former administration.
The autopen device, which mechanically replicates a person’s signature, has been used in the White House for decades, dating back to at least the Truman administration. The technology allows presidents to sign large volumes of documents without manually signing each one.
Comer has indicated that the committee will release a comprehensive report with all findings after the investigation concludes, along with transcribed interviews to ensure transparency. The chairman has warned that subpoenas will be issued for any former Biden aides who refuse to schedule voluntary interviews.
