President Donald Trump’s Justice Department is examining pardons issued by former President Joe Biden in the final days of his presidency, a move that comes amid an investigation by the House Oversight Committee into the former president’s cognitive health and use of autopen, the White House has confirmed.

Ed Martin, the Justice Department’s pardon attorney, told staff June 2 that he had been directed to investigate clemency and pardons granted by Biden, a Democrat, in the waning days of his presidency to family members and death row inmates, according to Reuters.

In an email seen by Reuters, the investigation will focus on whether Biden "was competent and whether others were taking advantage of him through use of AutoPen or other means."

An autopen is a device that mechanically replicates a signature.

Presidents, including Trump, have used autopens for decades. There is no law prohibiting the use of autopens for pardons, as previous presidents have done.

At a news briefing June 3, White House Press Secretary Karoline Leavitt said the question was not whether the autopen had been 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, which is clearly, illegal behavior," she said.

There is no evidence to suggest anyone used the autopen without Biden's knowledge.

On Jan 20, the last day of his presidency, Biden pardoned his siblings and their spouses, saying his family had been “subjected to unrelenting attacks and threats, motivated solely by a desire to hurt me − the worst kind of partisan politics.”

On the campaign trail in 2023, Trump, who was then facing four criminal indictments, vowed to appoint a special prosecutor if he was reelected to “go after” Biden and his family.

The pardons went to Biden's siblings James Biden, Frank Biden and Valerie Biden Owens as well as their spouses, John Owens and Sara Biden. Biden on Dec. 1 pardoned his son Hunter Biden, who had pleaded guilty to tax violations and was convicted on firearms-related charges.

A spokeswoman for Biden refused to comment on the development.

The 82-year old Democrat announced last month that he had been diagnosed with an “aggressive” Stage 4 prostate cancer. Questions around Biden's mental health intensified after his presidential debate with then-Republican nominee Donald Trump in June 2024; he ultimately dropped out of the White House race, paving the way for then-Vice President Kamala Harris to become the Democratic nominee.

On May 22, House Oversight Committee Chairman James Comer, R-Kentucky, sent letters to Biden’s physician and former White House aides demanding they appear for a transcribed interview as part of an investigation into Biden’s health and use of the autopen.

The investigation’s stated purpose is to “uncover the truth” about Biden's "mental decline and potential unauthorized use of an autopen for sweeping pardons and other executive actions.”

Letters seeking testimony have been sent to staffers including Anthony Bernal, former senior adviser to the first lady; former Domestic Policy Council Director Neera Tanden; and former Deputy Chief of Staff Annie Tomasini.

Martin, the DOJ official, who wrote the letter to staff, took over as director of the Weaponization Working Group, associate deputy attorney general and pardon attorney after his nomination for U.S. attorney for Washington D.C. was pulled by Trump in early May. Martin failed to get enough Republican support from Capitol Hill because of his championing of the Trump supporters who stormed the U.S. Capitol on Jan. 6, 2021, in an effort to overturn the 2020 election.

Last week, White House Press Secretary Karoline Leavitt asked former first lady Jill Biden to speak up about her husband’s mental health, saying she was “complicit” in a “cover-up.”

Swapna Venugopal Ramaswamy is a White House correspondent for USA TODAY. You can follow her on X @SwapnaVenugopal

This article originally appeared on USA TODAY: Trump's Justice Department to investigate Biden pardons, use of autopen

Reporting by Swapna Venugopal Ramaswamy, USA TODAY / USA TODAY

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