Ted Cruz: Biden Broke Pardon Rules With Autopen Use

Sen. Ted Cruz is urging AG Pam Bondi to investigate whether former President Joe Biden violated constitutional requirements by using an autopen to issue pardons and commutations

In a letter obtained by Fox News Digital, Cruz argued that the Biden administration likely undermined constitutional safeguards in its final months by issuing mass clemencies not personally signed by the president.

Cruz referenced Biden’s December 2024 clemency wave, which included commutations for about 1,500 inmates and pardons for 39 others, followed by 2,500 commutations in a single day in January 2025, the largest ever by a U.S. president. Many of these were signed via autopen. 

Cruz argued that Article II, Section 2 of the Constitution, which grants the president pardon authority, requires direct presidential involvement to ensure legitimacy. He cited an Axios report revealing White House staff concerns about the autopen’s use and the pardon approval process, suggesting aides acted without clear presidential direction. Cruz warned this could trigger a constitutional crisis, questioning the validity of the clemencies and calling for accountability for officials involved.

The Axios report he cited said that “ High-ranking Biden administration officials repeatedly questioned and criticized how the president's team decided on controversial pardons and allowed the frequent use of an autopen to sign measures late in his term,” according to internal emails.