Justice Department Probes Biden’s Final Pardons Amid Competency Concerns

The Justice Department has quietly launched an investigation into the controversial pardons issued by Joe Biden during his final days in office, raising fresh questions about the former president’s mental fitness and the integrity of his executive decisions.

According to internal emails obtained by Reuters, Pardon Attorney Ed Martin informed DOJ staff that the inquiry will focus on whether Biden was mentally competent when he signed off on dozens of pardons—or whether aides exploited his declining condition to push pardons through using an autopen, a device that replicates signatures.

An Unfolding Scandal

The probe comes on the heels of mounting public concern over Biden’s cognitive state during the last year of his presidency. A leaked recording of his October 2023 interview with Special Counsel Robert Hur revealed Biden struggling with basic facts and frequently pausing mid-thought. The release of Original Sin—a damning book by CNN’s Jake Tapper and Axios reporter Alex Thompson—fueled the fire, alleging that top aides intentionally concealed Biden’s decline to preserve his public image.

While the White House once defended Biden’s lucidity, claiming he was “fully engaged,” critics aren’t buying it—especially after a string of questionable pardons appeared to benefit his inner circle.

“This isn’t just about a few signatures,” a senior DOJ source told this outlet under condition of anonymity. “It’s about whether the President of the United States knew what he was signing—or if someone else was running the show.”

Family Ties and Political Favors

The investigation is said to focus on more than three dozen pardons, including commutations for federal inmates on death row and, more controversially, several of Biden’s own family members: James Biden, Frank Biden, Valerie Biden Owens, and their spouses. His son, Hunter Biden—convicted of tax crimes and gun violations—was also granted clemency, a move that sparked bipartisan outrage at the time.

Biden even granted a posthumous pardon to Marcus Garvey, a 1920s Black nationalist leader—a symbolic gesture that critics said was a desperate ploy to distract from the favoritism shown to his own family.

“These weren’t just soft-hearted acts of mercy,” said Peter Schultz, a former federal prosecutor and Biden critic. “They were political landmines wrapped in executive authority.”

Questions Over Autopen Use

At the center of the controversy is the alleged use of an autopen—an electronic signature device. While legal under certain conditions, use of the autopen by a president with diminished mental capacity could amount to a serious breach of public trust.

“If someone used an autopen to sign off on presidential pardons without Biden’s full understanding or consent, that could open up a legal nightmare,” said retired constitutional law professor Linda Cavanaugh. “We’re talking about the potential invalidation of executive clemency, which is almost unheard of.”

Ed Martin, the DOJ’s pardon attorney, has publicly voiced concern over the integrity of the process.

“We want pardons to be respected, not weaponized or abused,” Martin said at a recent press event. “We’re taking a hard look at how these were issued and whether the system was manipulated in any way.”

The Political Fallout

The probe arrives at a politically sensitive time, as President Donald Trump campaigns for re-election on a platform promising to root out corruption in what he calls “the Biden swamp.”

“Joe Biden didn’t just fail the American people—he betrayed the office,” Trump told supporters at a rally in Ohio. “We’re going to find out exactly who pulled the strings behind those pardons.”

While legal scholars argue that presidential pardons are constitutionally protected and rarely overturned, the DOJ investigation could still have major implications—both legally and politically. If evidence emerges showing misconduct or incompetence, it may fuel further calls to invalidate some pardons or even push for reforms to executive clemency powers.

What’s Next

The DOJ has not yet disclosed a timeline for the investigation or which specific pardons are under review. However, insiders say subpoenas are already being prepared, and current and former White House staff could soon be called in for questioning.

In the meantime, Americans are left to wonder: Who was really calling the shots in Biden’s final days—and how deep does the rabbit hole go?

Stay tuned. This story is far from over.