The National Archives has confirmed troubling gaps in the official record of former President Joe Biden’s use of clemency powers during his term, fueling controversy and sparking a formal investigation launched by President Donald Trump in June.
The findings raise questions about Biden’s direct involvement in pardons and commutations granted during his presidency, including more than 4,200 acts of clemency — one of the highest totals in modern history.
According to data highlighted by the Pew Research Center, Biden granted a staggering 4,245 acts of clemency during his presidency.
This figure covers both pardons and commutations, but scrutiny has intensified over the final months of his term, when dozens of clemency approvals were said to have received his verbal consent during closed-door meetings.
The legitimacy of those approvals is now being called into question. In its review of clemency records, the National Archives stated plainly: “We did not find specific meeting notes that clearly mention or note that the President was present.”
This lack of documentation undermines the standard process that requires the president’s unmistakable authorization.
Adding to the concern is a memo related to death row commutations, which was found unmarked and lacked Biden’s signature or initials. Without clear evidence of his involvement, the status of at least 37 cases outlined in the memo remains uncertain.
The controversy deepens with allegations that Biden may not have personally reviewed or signed clemency warrants. Reports indicate that the White House increasingly relied on the autopen — a device capable of reproducing a signature — to finalize critical documents.
An email exchange reported by the New York Post revealed that no substantial evidence exists to prove Biden personally reviewed the warrants before they were executed.
This revelation feeds into claims that unelected staffers may have carried out presidential powers while portraying Biden as fully engaged. If true, it raises fundamental questions about the authenticity of these legal actions and the chain of command within the administration.
The revelations have reportedly caused unease among some former aides who participated in the clemency process. Several believed Biden had personally authorized the decisions they helped implement.
The absence of definitive records now forces them to reconsider whether their actions were guided by a president in command or by a small circle of staff making decisions in his name.
This uncertainty not only clouds Biden’s legacy but also threatens to undermine confidence in the constitutional processes surrounding presidential clemency.
During his presidential campaign, Biden promised accountability and transparency. The current revelations suggest otherwise. The National Archives’ inability to verify his involvement highlights a gap in governance that could set a troubling precedent.
Presidential clemency is one of the most profound powers granted by the Constitution, and its misuse or mismanagement can erode public trust in the justice system.
The fact that thousands of acts of clemency are now under a cloud of doubt raises urgent questions about how executive power was exercised and who truly held it.
President Trump has seized on the issue, directing his administration to investigate the legitimacy of Biden’s clemency actions. He has suggested that the questionable authorizations could lead to retroactive nullification of pardons and commutations granted during Biden’s presidency.
Such a move would be unprecedented, but Trump argues it is necessary to uphold the rule of law. “We cannot allow unelected staffers to wield presidential powers in secret,” one White House source said.
“The American people deserve to know whether the man they elected was making these decisions or whether others were doing it for him.”
If proven true, the implications go far beyond individual clemency cases. The findings could reshape how Americans view Biden’s presidency, painting him not as a decision-maker but as a passive figure guided by aides.
Critics argue this reflects a dangerous erosion of democratic accountability, where unelected officials exercise power without transparency.
It also sets the stage for a potential legal battle over whether clemency decisions can be reversed or declared invalid. While the Constitution grants the president broad clemency powers, it does not explicitly address what happens when those powers are exercised without clear evidence of direct presidential involvement.
The integrity of governance depends on accountability, especially in matters as consequential as clemency. If thousands of pardons and commutations were approved without Biden’s explicit review, it calls into question not only his leadership but also the safeguards that are supposed to prevent abuse of executive authority.
For the claimants who received clemency, the uncertainty creates chaos. Many believed they were granted relief directly by the president. Now, they may face the possibility that their pardons or commutations could be rescinded, leaving their futures in limbo.
The National Archives’ confirmation that Biden’s presence and approval cannot be verified in key clemency cases has ignited a firestorm. With Trump’s administration pursuing a full investigation, the controversy will likely intensify, exposing deeper questions about authority, governance, and the rule of law.
At its heart, this issue is not just about Biden or Trump. It is about the credibility of the presidency itself. If executive powers were exercised without the president’s active involvement, the foundation of constitutional governance may have been compromised.
As investigators dig deeper, the American people will be watching closely. The outcome will shape not only Biden’s legacy but also how future administrations handle the sacred responsibilities entrusted to the office of the president.
