(A)Political - July 19th

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It’s been a busy week. Let’s dive in!

House and Senate committees will open public hearings in September on Joe Biden’s autopen pardons, a probe that could test the legal limits of mechanically executed clemency and determine whether any warrants might be challenged in court. Residing Fellow Jose Garcia analyzes Washington now pushing for 1st in the rare earth minerals race. President Trump is expected to sign the $9 billion rescissions bill within days, after which OMB will cancel the funds and Congress will decide this fall whether to pursue a second, larger round of cuts tied to the FY 2026 budget.

  • Former President Biden Admits He Didn’t Sign Pardons, Staff Signed On His Behalf

  • Analysis: Washington’s Push to Dominate Rare Earth Minerals: Economic and Employment Impacts

  • U.S. House Passes $9 Billion in Rescissions Bill, NPR, and PBS Funding Cut

Former President Biden Admits He Didn’t Sign Pardons, Staff Signed On His Behalf

Then–President Joe Biden signs two bills aimed at combating fraud in the COVID-19 small business relief programs at the White House, August 5, 2022 (Evan Vucci - Getty Images)

By: Atlas

Former President Joe Biden acknowledged in an interview published July 14ᵗʰ that he did not personally sign most of the sweeping pardons and commutations issued during his final months in office, instead relying on an autopen device controlled by senior aides. “We’re talking about a whole lot of people,” Biden told the New York Times, adding that he approved the broad criteria for clemency but left the paperwork to staff. The disclosure confirmed months of reporting that hundreds of warrants bearing Biden’s signature were produced mechanically, including two mass actions that freed or pardoned roughly 4,000 inmates.

Mechanics of the Autopen Pardons

Emails obtained by the Times and National Archives show then–chief-of-staff Jeff Zients giving written authorization—“I approve the use of the autopen for the execution of all of the following pardons”—at 10:31 p.m. on January 19ᵗʰ, only hours before Biden left office. Staff secretary Stefanie Feldman managed the device, running final warrant packets through once lower-level assistants produced “blurbs” attesting that Biden had orally agreed to each category of clemency. The former president said he hand-signed just one document: a December 2024 pardon for his son, Hunter Biden; all other warrants, including pre-emptive pardons for Dr. Anthony Fauci and former Joint Chiefs chairman Gen. Mark Milley, carried the autopen mark.

Questions of Legality and Precedent

The autopen has existed since the Truman era, but previous presidents used it mainly for ceremonial letters. Critics say employing it for pardons—an irreversible exercise of constitutional power—breaks with practice and may stretch Article II boundaries. Biden insisted the method is valid because he set the standards and “made every decision,” while allies likened the signature device to modern e-sign platforms. Legal scholars note that the Supreme Court has never ruled on whether a facsimile signature satisfies the pardon clause when the president is physically capable of signing. The issue remains largely political unless a court voids a clemency order for lack of a manual signature.

Investigations Underway

House Oversight Chair James Comer and Senate Judiciary ranking members have opened parallel probes into whether aides “abused the power of presidential signatures” to mask Biden’s declining capacity in late 2024. The Justice Department, at President Donald Trump’s direction, has also launched a review of internal emails and staff testimony. Trump argues that pardons signed without Biden’s direct review could be void and calls the episode “one of the most dangerous scandals in American history.” Former White House physician Kevin O’Connor and ex-staff secretary Feldman both invoked the Fifth Amendment during preliminary depositions, citing doctor-patient privilege and executive-branch confidentiality.

Republicans are focusing on two questions: whether Biden saw the final warrant lists and whether staff altered them after his oral approvals. One email cited by investigators shows aides updating inmate rosters “without running those changes by Biden” before the autopen session. Democrats counter that categorical pardons—such as those for non-violent drug offenders—have precedent dating to Presidents Ford and Carter, and that the autopen merely replicated decisions Biden had already endorsed.

Implications for Executive Power

Biden issued 4,245 acts of clemency during his single term, 96 percent of them in the final four months. Supporters say the volume required delegation; critics reply that mass pardons underscore the risk of outsourcing constitutional duties. The autopen flap has already spurred proposed legislation requiring any future president to certify, under oath, that he or she reviewed each pardon recipient by name.

Beyond legalities, the controversy feeds a broader debate over presidential capacity. Republicans argue the reliance on mechanical signatures shows senior aides “running the country.” Biden allies call the charge political theater, noting that Trump himself used the autopen for routine letters and that no evidence shows staff forged decisions. Even so, the image of a pen-wielding machine finalizing sensitive clemency actions—some involving notorious felons—has damaged public perceptions of diligence inside the late Biden White House.

What Happens Next

Oversight committees plan to subpoena additional emails and schedule public hearings in September. The Justice Department review could recommend no action, civil remedies, or—less likely—criminal referrals if aides are found to have falsified decision records. Courts may ultimately weigh challenges from crime victims or states seeking to nullify specific pardons.

For now, Biden’s admission stands: he did not manually sign most clemency warrants, trusting staff to follow his broad directives and an autopen to reproduce his name. Whether that choice was an administrative convenience or an abdication of a solemn duty will be decided in hearing rooms, court filings, and the court of public opinion over the months ahead.

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