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Fact check: The New York Times reports many of Biden’s pardons including Dr. Fauci’s were signed by autopen and approved late at night by a White House aide.

Checked on July 14, 2025

1. Summary of the results

The analyses provide substantial support for the core claims in the original statement. Multiple sources confirm that Biden's Chief of Staff Jeff Zients gave final approval for the use of autopen for pardons, including Dr. Fauci's, and that this approval was made late at night via email [1]. This directly corroborates the New York Times reporting mentioned in the original statement.

The use of autopen for many of Biden's pardons, including Dr. Fauci's, is well-documented across multiple sources [2] [3]. However, there appears to be some confusion within the Biden administration about the approval process. While Neera Tanden, a former top aide, testified that she was authorized to direct autopen signatures, she was unclear about who ultimately approved their use [4] and admitted she was unaware of who in the president's inner circle was giving her final clearance [5].

Despite this administrative confusion, Biden himself stated that he made every decision regarding pardons [6], though these sources lack specific details about the autopen process or timing.

2. Missing context/alternative viewpoints

The original statement omits several important contextual elements:

  • The pardons were preemptive in nature, specifically designed to protect individuals like Dr. Fauci from potential charges when Trump took office [7] [8]. This suggests a strategic political motivation rather than routine clemency.
  • The statement doesn't mention that Biden's staff approved mass last-minute pardons with autopen [3], indicating this was part of a broader pattern of rushed decision-making in the final hours of the administration.
  • There's conflicting testimony about the approval process, with some sources indicating that the autopen was used only after President Biden personally approved the decision [5], while others suggest staff members were making these determinations independently.

Powerful political figures and institutions would benefit from different interpretations of this story:

  • Trump supporters and Republicans benefit from portraying this as evidence of Biden administration chaos and improper delegation of presidential powers
  • Biden administration officials benefit from emphasizing that all decisions were ultimately made by the president himself
  • Media organizations benefit from the controversy and confusion surrounding the process

3. Potential misinformation/bias in the original statement

The original statement appears factually accurate based on the available analyses, but it may contain bias through selective emphasis:

  • By focusing specifically on "late at night" approvals by a White House aide, the statement emphasizes the potentially improper or rushed nature of the process, which could be seen as inflammatory framing.
  • The statement doesn't acknowledge that Biden claimed personal responsibility for all pardon decisions [6], which provides important context about presidential oversight.
  • The framing suggests potential impropriety in the autopen use without noting that this is a legally established presidential tool, though the confusion about approval processes [4] [5] does raise legitimate questions about proper procedures.

The statement's attribution to The New York Times lends credibility, and the core facts appear supported by multiple independent sources, suggesting minimal outright misinformation despite potential editorial bias in presentation.

Want to dive deeper?
What is the legal precedent for using an autopen for presidential pardons?
How many of Biden's pardons were signed by autopen versus manually?
What is Dr. Fauci's connection to the pardons issued by the Biden administration?
What are the implications of late-night approval of pardons by a White House aide?
Can a White House aide's approval of a pardon be considered a legitimate exercise of executive power?