Interim U.S. Attorney in Washington, Ed Martin is investigating whether Joe Biden was competent to issue pardons during his final days in office. The inquiry includes previously undisclosed letters to Biden’s family and former White House staff.
Two months ago, Martin began sending voluntary letters — not subpoenas — to former Biden aides, including ex-White House Chief of Staff Jeffrey D. Zients, as well as to pardon recipients such as Biden’s brother James and sister-in-law Sara. The letters request information to assess the legitimacy of the pardons and hint at potential further investigation.
Senate Democrats have called for a formal investigation into Martin by the D.C. legal bar. On Tuesday, Senator Adam Schiff announced plans to block the Senate from voting on Martin’s nomination.
President Trump has endorsed Martin’s actions, nominating him to permanently lead the U.S. Attorney’s office and lauding his commitment to Law and Order. Trump has also asserted that some of Biden’s pardons are invalid, claiming they were signed using a mechanical autopen without Biden’s knowledge, and Biden likely lacked the mental capacity to authorize the pardons.
Trump told reporters aboard Air Force One last month that the validity of the pardons would “be up to a court,” but expressed his belief that they were “null and void,” suggesting that Biden likely had no knowledge of the process and that someone may have used an autopen to issue them. The following day, Trump stated on social media that the pardons were “void, vacant and of no further effect.”
Martin’s inquiries regarding the pardons began weeks earlier. Letters addressed to James and Sara Biden referenced their pardons while questioning their compliance with foreign lobbying laws — seemingly alluding to James Biden’s connection to Hunter Biden’s foreign business ventures.
Clemency experts have expressed concern over the sweeping and pre-emptive nature of some late Biden pardons, including those for his son Hunter and other family members. While Hunter Biden’s pardon covered potential crimes from the past 11 years, including foreign lobbying, James and Sara Biden were pardoned despite not facing criminal charges.
