President Donald Trump’s Department of Justice is investigating pardons issued by former President Joe Biden over concerns about his competency and the use of an AutoPen to sign the documents, according to a report.
Ed Martin, the DOJ’s pardon attorney, wrote in an email reviewed by Reuters that the investigation would examine if Biden “was competent” and if other people were “taking advantage of him” by using the AutoPen “or other means.”
Reuters reported Martin’s investigation will examine the number of preemptive pardons Biden issued to members of the House Select Jan. 6 committee, his family members and their spouses, Dr. Anthony Fauci, and others.
The investigation will also examine the clemency approved by Biden that spared 37 federal inmates from the death penalty and instead changed their sentences to life in prison.
Martin’s email did not specify which Biden family members would be investigated, Reuters reported, but he shared a post online Tuesday signaling his attention to Biden’s pardons.
For months, Trump has said he believes Biden’s last-minute pardons should be void because he signed using the AutoPen, which is a device that automatically signs a document.
Trump and his allies have claimed that Biden’s use of the AutoPen while in office means he was not in control or was not aware the pardons were being signed. It hasn’t been confirmed if Biden used an AutoPen for the pardons, but analysts have noted that many other presidents have used AutoPens in the past.
While a president has the authority to pardon individuals, no subsequent president can rescind them, the U.S. Constitution states.
During a briefing Tuesday, press secretary Karoline Leavitt defended Trump’s belief about voiding the AutoPen pardons.
“The president is making a good point when he discusses the hostage of the AutoPen, who was running the country for the past four years? Perhaps those documents were signed with the AutoPen, something that is, I believe, the Department of Justice is looking into,” Leavitt said.
She argued that Biden’s competency was a “huge issue” that sent Trump back to the White House and Americans want answers, hence the investigation. She also noted the investigation is less about Biden’s use of the technology to pardon, but his competency on the matter.
“The question is not was the AutoPen used, it’s whether or not the President of the United States knew it was being used, and if not, who was using it in his name?” Leavitt questioned.
Leavitt highlighted the DOJ’s investigation on Tuesday, noting Martin’s role, but Reuters noted that his email did not specify who he intended to launch the pardon investigation.
The DOJ declined a request for comment from the Deseret News.
A spokeswoman for Biden refused to comment on the development, according to USA Today.