Investigation Raises Questions About Presidential Pardons
There is an ongoing debate regarding the legitimacy of several pardons and commutations signed using an autopen by the former president. A group of lawmakers suggest that the former president's cognitive decline may have affected his awareness of these decisions. They have asked the Attorney General to reflect on the validity of these acts of clemency and consider possible legal actions against some of the former president's staff.
These lawmakers argue that the autopen-signed executive actions are null and void. They believe that the Department of Justice needs to address the legal consequences of their assertion.
Months-Long Investigation
A comprehensive report has been unveiled following a lengthy investigation into the former president's use of an autopen. The report suggests a deliberate attempt to hide the president's cognitive decline and doubts the claim that the former president made all the executive decisions attributed to him.
The former president has publicly refuted these accusations, insisting that he was fully in charge of his administration and labeling those who suggest otherwise as dishonest.
The report includes snippets of conversations with 14 ex-senior aides. It raises serious concerns about the pardon-awarding process, but no direct evidence is provided to suggest that anyone other than the former president made these decisions. The report's concern lies in the absence of clear records indicating the former president as the decision-maker.
Refusal to Testify
The lawmakers have requested further investigation into three top aides who refused to testify by invoking the Fifth Amendment. These aides include the former White House physician and two other primary aides. It's important to note that invoking the Fifth Amendment, while often seen as a way to avoid accountability, is a right against self-incrimination and should not be seen as an admission of guilt.
Call for Accountability
The lawmakers are exploring legal means to rescind the former president's grants of clemency. This would likely face significant legal obstacles as there is no precedent or mechanism to reverse a pardon issued by a past president. It's worth mentioning that a Justice Department review in 2005 endorsed the use of an autopen by a president, given that the decision originated from the president.
The former president issued a statement in response to these allegations, describing them as "ridiculous and untrue." He insisted that he made all decisions during his term and that the pardons, executive orders, and proclamations were his doing.
Historic Clemency
The former president granted pardons and commutations to 4,245 individuals, a number higher than any previous president. Controversially, he issued preemptive pardons to prominent critics and family members fearing political retribution.
Autopen Use under Scrutiny
The report highlights the lack of documentation regarding key meetings where controversial pardons were finalized. The lawmakers question the validity of all pardons granted by the former president, specifically those signed by an autopen without clear, written approval traceable to the president's consent.
Testimonies from former White House staff suggest confusion about the decision-making process. The report alleges that the executive decision-making procedures were so lax that establishing a chain of custody for a given decision was challenging or impossible.
Concern over Clemency Recipients
Research indicates that 96% of the acts of clemency were issued in the final months of the former president's term. The former president stated that these commutations were for "non-violent" drug offenders. However, internal communication suggests that this claim might be misleading.
Due to the limited time to vet the list of those to receive commutation, several problematic individuals were identified, including violent offenders. The former president granted clemency to 16 of these individuals, raising questions about his awareness of their backgrounds when making such decisions.