Internal White House emails reveal confusion and concern among aides and Justice Department officials over former President Joe Biden’s large-scale clemency actions during his final days in office. On January 11, 2025, Biden orally approved a plan to commute sentences for inmates with crack cocaine convictions. However, three clemency warrants—affecting roughly 2,500 individuals—were not signed via autopen until early January 17, just days before Biden left office.
Staff Secretary Stef Feldman requested confirmation that Biden had approved the specific documents before authorizing the autopen signature. White House counsel staff debated how to document his intent, with one aide noting Biden “doesn’t review the warrants.” Ultimately, aides relied on an earlier statement from deputy assistant Rosa Po, who said Biden had expressed his decision in a meeting.
While autopen signatures are legally valid, legal experts stress that warrants must accurately reflect the president’s decisions. Some commutations included violent offenders, raising further scrutiny. The Justice Department also raised questions about ambiguous wording in the warrants, warning that unclear phrasing could void the clemency orders unless clarified by Biden. It remains uncertain whether the White House addressed these concerns before the administration ended.
Similar issues occurred in December 2024, when Biden commuted sentences for 37 death row inmates. In that instance, staff again required email confirmation of Biden’s verbal approval before using autopen. These late-term actions have drawn attention due to the rushed process and lack of documentation confirming Biden’s direct review of the final documents.
A former Biden aide defended the clemency decisions, asserting that the president personally approved them. Meanwhile, congressional Republicans have launched an investigation and requested records from the Justice Department. Although President Trump has not reversed the clemency orders, he has publicly criticized Biden’s reliance on autopen for such expansive actions.
