Biden tried defending autopen use to the New York Times. He made it a whole lot worse.



The House Oversight Committee's investigation into former President Joe Biden's cognitive decline while in office, its cover-up, and its alleged exploitation behind the scenes appears to have struck a nerve, drawing Biden out and with him a baseline narrative that might trip up his handlers when they each testify in the weeks to come.

Mike Howell, the president of the Oversight Project — the government watchdog that revealed in early March that Biden's signature on numerous pardons, commutations, executive orders, and other documents of national consequence was machine-generated — told Blaze News, "We were right. Time for some real accountability."

'I made every single one of those.'

On Wednesday, former President Joe Biden's White House doctor, Kevin O'Connor, refused to answer the committee's questions, citing the Fifth Amendment and doctor-patient confidentiality.

The doctor's damning silence prompted Republicans on the committee to conclude that O'Connor "is trying to avoid criminal liability" and that the investigation was indeed dealing with a serious cover-up.

The next day, Biden spoke to the New York Times by phone in an apparent effort to get in front of the autopen scandal even though it left the station months ago. The roughly 10-minute interview didn't do him any favors.

Biden sent mixed signals to the Times about his supposed involvement in the issuance of a record number of pardons and commutations in the final days of his presidency.

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 Photo by Evan Vucci-Pool/Getty Images

"I made every single one of those," Biden said regarding the clemency decisions late in his term. "And — including the categories, when we set this up to begin with. And so — but I understand why Trump would think that, because obviously, I guess, he doesn't focus much. Anyway, so — yes, I made every decision."

Despite attributing the clemency decisions to himself, Biden also indicated that his fingerprints might not be on any of them.

In addition to telling the Times that he orally communicated his decisions to aides — a possible tell that there might be a lack of papered evidence showing that he directly approved the last-minute pardons — Biden noted both that the autopen was used liberally because there were "a whole lot of people" and that he did not personally approve every individual categorical clemency.

"Well, first of all, there's categories. So, you know, they aren't reading names off for the commutations for those who had been home confinements for, during the pandemic," said Biden. "So the only things that really we read off names for were, for example, you know, was I, what was I going to do about, for example, Mark Milley?"

"I told them I wanted to make sure he had a pardon because I knew exactly what Trump would do — without any merit, I might add," continued Biden. "And you know, you know, members of the Jan. 6 committee — it's just, there were no — I was deeply involved. I laid out a strategy how I want to go about these, dealing with pardons and commutations. I was — and I pulled the team in to say this is how I want to get it done generically and then specifically. And so, you know, that's just — this is how it worked."

Biden White House emails turned over to investigators by the National Archives and reviewed by the Times cast further doubt on the former president's claim of deep involvement in the pardon process.

'The truth will come out about who was, in fact, running the country.'

The emails indicate that Biden White House staff secretary Stefanie Feldman managed the use of the autopen.

Feldman, the national policy director for Biden's 2020 campaign, took over for Neera Tanden, who told Congress last month that she wielded the power of the autopen until May 2023 but suggested that she was authorized to do so.

According to the emails, Feldman sought written accounts confirming Biden's oral clemency instructions in "key meetings" with staffers. The trouble is that these accounts appear to have been secondhand and in some cases written up several days after the meetings.

Aides to senior Biden advisers who were present for the meetings apparently drafted the accounts confirming Biden's oral instructions. The two advisers named were Biden chief of staff Jeffrey Zients and then-White House counsel Ed Siskel.

Senior Democrats told Politico last year that Siskel organized talks among Biden aides in the former president's absence on "whether to issue pre-emptive pardons to a range of current and former public officials who could be targeted with President-elect Donald Trump's return to the White House."

Lists of meeting participants indicate that the aides who drafted the accounts of Biden's supposed clemency instructions were not themselves present when the instructions were given.

Rather, the emails reportedly imply that the aides simply wrote up whatever their bosses relayed to them, then circulated the drafts to Siskel, Zients, and other meeting participants before sending along the final versions to the master of the autopen.

RELATED: Oversight Project over target: Dems seethe as facade of autopen presidency comes crashing down

 In order of appearance: Ron Klain, Bruce Reed, Steve Ricchetti, and Anita Dunn. Photo (left): Kevin Dietsch/Getty Images; Photo (right) Demetrius Freeman/The Washington Post via Getty Images

As for the high-profile clemency decisions that came just before Biden left office, the final decision appears to have come from Zients.

Emails suggest that on Jan. 18 and Jan. 19, Biden had two meetings, the first with Zients, Siskel, and Bruce Reed — Axios indicated that Reed was sometimes referred to in the Biden White House as one of "the pooh-bahs" — and the second with Siskel, Reed, Anthony Bernal, Steve Ricchetti, and Annie Tomasini, all of whom are on congressional investigators' radar.

Bernal served as senior adviser to former first lady Jill Biden and was characterized as one of the most influential people in the White House and a key member of Biden's so-called politburo in Jake Tapper's and Axios correspondent Alex Thompson's new book, "Original Sin."

Ricchetti, former counselor to Biden, was among the names Department of Justice pardon attorney Ed Martin mentioned when announcing his investigation into the questionable "autopen" pardons issued in the final days of the Biden White House.

Tomasini was Biden's deputy chief of staff, who congressional investigators suspect may have been "involved in running interference on behalf of the former President and perhaps performing duties exclusively reserved for the President of the United States."

Biden supposedly kept his staffers until 10 p.m. at the Jan. 19 meeting where the pre-emptive pardons for Biden's family members were discussed. Three minutes after the meeting, Siskel sent a draft summary of the former president's alleged decision to Zients' assistant, who then forwarded it to Reed and Zients for approval. A final version went to Feldman minutes later, chased by a message from Zients apparently stating, "I approve the use of the autopen for the execution of all of the following pardons."

When asked about evidence that Biden did not authorize the clemency actions, Trump White House spokesman Harrison Fields told the Times Sunday that Biden "should not be trusted" and that "the truth will come out about who was, in fact, running the country."

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Trump issues batch of pardons and commutations. List includes allies convicted in Mueller probe



President Donald Trump granted 15 full pardons and commuted the sentences of five others on Tuesday, including allies convicted under the special counsel Robert Mueller probe, nonviolent drug offenders, and a man who was busted running moonshine in the 1950s as a teen.

What are the details?

White House press secretary Kaleigh McEnany issued the news in a statement, spelling out the reasoning behind each action and disclosing details of the offenses and who recommended clemency to the president.

The most high-profile names on the list included George Papadopoulos, a 2016 campaign adviser for Trump who served 12 days in prison after pleading guilty to lying to investigators in the Russian collusion investigation and later wrote a book about his account called "Deep State Target."

A second Mueller target, Alex van der Zwaan, who served 30 days in prison for a false statement charge before leaving the U.S., was also pardoned by the president, Politico reported.

Other noteworthy pardons were for former Republican congressmen Duncan Hunter (Calif.), whom Roll Call reported pleaded guilty to misusing "hundreds of thousands of dollars in campaign funds for his own enrichment," and former Rep. Chris Collins (N.Y.), who pleaded guilty to securities fraud charges. Both representatives were among the first to endorse the president when he ran for president.

The Daily Caller pointed out the the president's pardons included four former Blackwater Worldwide military contractors — Nicholas Slatten, Paul Slough, Evan Liberty, and Dustin Heard — "who were convicted in a 2007 massacre that left 14 unarmed Iraqis dead."

At the recommendation of Sen. Mike Lee (R-Utah), state Utah Rep. Phil Lyman was wiped clean of his "conviction on charges of leading an illegal ATV protest on federal lands," and "a Utah music producer who was originally sentenced to 55 years in prison on a marijuana charge selling and gun possession conviction because of minimum sentencing rules," The Salt Lake Tribune reported.

President Trump also took the advice of Alice Johnson — whom he pardoned following her speech to the Republican National Convention after commuting her nonviolent sentence in 2018 — in commuting the remaining supervised releases of Crystal Munoz and Tynice Nichole Hall, who were also previously condemned to decadeslong nonviolent drug offenses.

Alfred Lee Crum, 89, was also granted a full pardon by the president on Tuesday. According to McEnany's release, Crum:

Pled guilty in 1952—when he was 19 years old—to helping his wife's uncle illegally distill moonshine in Oklahoma. Mr. Crum served three years of probation, and paid a $250 fine. Mr. Crum has maintained a clean record and a strong marriage for nearly 70 years, attended the same church for 60 years, raised four children, and regularly participated in charity fundraising events.

Anything else?

According to the Associated Press:

Trump has granted about 2% of requested pardons in his single term in office — just 27 before Tuesday's announcement. By comparison, Barack Obama granted 212 or 6%, and George W. Bush granted about 7%, or 189. George H.W. Bush, another one-term president, granted 10% of requests.

Trump's 44 uses of clemency powers seen as a bad thing by critics. Obama granted clemency nearly 2,000 times.



When President Donald Trump announced that he would be issuing a pardon for retired Gen. Michael Flynn, a longtime Trump ally and former national security adviser for the Trump administration, the president's opponents ripped the move as an alleged abuse of the president's clemency powers.

Donald Trump has repeatedly abused the pardon power to reward friends and protect those who covered up for him.Th… https://t.co/s6dk6kZwkB
— Adam Schiff (@Adam Schiff)1606339535.0

Criticism of Trump's use clemency for allies is nothing new. Many observers were upset when he pardoned former Maricopa County (Arizona) Sheriff Joe Arpaio in 2017 for targeting Hispanics while searching for illegal aliens.

With so much alleged abuse of the presidential clemency power, the average news consumer could be excused for thinking that President Trump might have racked up a massive number of pardons (forgiving crimes and restoring civil rights) and commutations (reducing sentences for convictions) over the last four years.

But that estimation would be wrong, as a recent report from Pew Research pointed out.

The real numbers

The truth is that Trump has granted clemency only 44 times, Pew reported.. He has granted 28 pardons and 16 commutations. The president has granted less than 0.5% of all clemency requests.

Trump critics might not like whom the president has pardoned and why, but the Constitution grants him — and every president — the power to do so.

And he's a piker compared to his predecessor.

President Barack Obama issued clemency 1,927 times — including 212 pardons and 1,715 commutations.

And many of Obama's clemency moves were seen extremely controversial at the time, Pew noted:

But Trump is far from the only president who has faced scrutiny over his use of clemency. Obama's frequent use of commutations, particularly for prisoners convicted of drug-related crimes, prompted criticism from Republicans, who said it benefited “an entire class of offenders" and infringed on the “lawmaking authority" of the legislative branch.

Defenders of President Obama's use of clemency power will note that Obama granted only 5.3% of all requests.

But that doesn't tell the whole story. There was a spike in the total number of requests during the eight years of the Obama presidency — 36,544 — nearly three times the previous record number of requests, which was set in 12 years of the Franklin Roosevelt administration.

The reason for the spike, as Pew noted, was that the Obama administration actively encouraged prisoners to request pardons and commutations. They even set up a program called "the Clemency Initiative."

This massive increase in the number of petitions drove down Obama's requests-granted rate.

More from Pew:

Obama's relatively low percentage, however, is largely due to the fact that his administration encouraged federal prisoners to apply for leniency under a program known as the Clemency Initiative. The program, which launched in April 2014 and ended in 2017 when Obama left office, allowed “qualified federal inmates" – those who met certain Justice Department criteria – to apply to have their prison sentences commuted. The initiative led to a surge in petitions and helps explain why Obama's use of clemency tilted so heavily toward sentence commutations, rather than pardons.

Overall, Obama received more than 36,000 clemency petitions during his time in office, by far the largest total of any president on record. Petitions have declined considerably during Trump's tenure.

Prior to President Trump, the lowest rate of clemency requests granted was came during the George W. Bush presidency (2%).