Acting U.S. Attorney Ed Martin Probing Biden Pardons Amid Growing Autopen Scandal
A politically charged investigation is unfolding in Washington, D.C., as Acting U.S. Attorney Ed Martin launches a formal inquiry into whether Joe Biden was competent to authorize a series of controversial presidential pardons in the final hours of his presidency. The investigation, which centers on the use of autopen signatures and possible staff overreach, threatens to cast a long shadow over Biden’s final executive actions.
Investigation Follows Mounting Concerns Over Presidential Competence
The probe, confirmed by The New York Times, was initiated after Missouri Attorney General Andrew Bailey requested the Department of Justice investigate whether White House aides used President Biden’s alleged cognitive decline to issue far-left executive orders and pardons without his full understanding or approval.
“If in fact Biden’s staffers were exploiting his mental decline, those orders are null and void,” Bailey stated.
Ed Martin, known for his loyalty to former President Trump and recently elevated to Acting U.S. Attorney for the District of Columbia, has reportedly sent inquiry letters to Biden family members and former White House staff. The letters seek information regarding the decision-making process behind a series of high-profile pardons issued just one day before President Trump was sworn in on January 20, 2025.
The Autopen Controversy: Two Signatures, Many Questions
At the heart of the investigation lies a deepening scandal involving the use of mechanical autopen signatures on presidential pardons. According to a forensic analysis released by the Oversight Project, of the 51 clemency warrants issued by Biden in January:
- 16 used Autopen A
- 16 used Autopen B
- 19 appear to be wet (handwritten) signatures
Among the recipients of the controversial pardons were Biden family members, Dr. Anthony Fauci, General Mark Milley, members of the January 6 Committee, and Democratic donor Gerald Lundergan.
Critics argue that the volume and consistency of autopen signatures raise serious doubts about whether Biden reviewed or personally authorized each decision. Compounding the issue is the fact that the only major document with a visibly different signature—a wet ink signature—was Biden’s announcement withdrawing from the 2024 presidential race.
Staff Overreach Allegations Add Fuel to the Fire
In a bombshell revelation, The New York Post reported that a key Biden aide may have exceeded legal authority, potentially selecting and authorizing pardon documents independently. One insider quoted by the outlet described the aide as wielding unchecked power:
“I feared no one as much as I feared that [staffer]. To me, [the staffer] basically was the president. No one ever questioned [them]. Period.”
This claim aligns with concerns voiced by former President Trump, who publicly questioned the legitimacy of Biden’s final executive actions:
“Crooked Joe Biden… didn’t know about it, and he, generally speaking, signed it with autopen. So how would he know? That autopen is a big deal.”
Political and Legal Implications
Martin’s probe is already drawing criticism from Democrats. Senator Adam Schiff (D-CA), a member of the Senate Judiciary Committee, has vowed to block Martin’s nomination to permanently lead the D.C. office, calling the investigation a political hit job meant to “harass Mr. Biden’s family and allies” and “score political points with President Trump.”
Nevertheless, the inquiry is proceeding—and its implications could be significant:
- If evidence suggests Biden was not fully aware of the content or recipients of the pardons, legal scholars warn the validity of the clemency orders could be challenged.
- If staffers acted without constitutional authority, they may face criminal or administrative penalties.
- The scandal could reshape how autopen authority is regulated under the Presidential Records Act and the Department of Justice’s Office of Legal Counsel.
What’s Next?
The investigation remains in its early stages. Subpoenas have not yet been reported, but Martin’s office is gathering testimony and reviewing document authenticity. A public report or legal challenge to the pardons could emerge in the coming months.
Meanwhile, this controversy has reignited the debate over presidential capacity, the unchecked power of unelected staff, and the procedural integrity of presidential pardons. As 2025 unfolds, the autopen scandal may become a defining constitutional test of executive accountability in the post-Biden era.
