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Fact check: How many people did Joe Biden pardon

Checked on October 23, 2025

Executive Summary

President Joe Biden’s administration granted 4,245 acts of clemency during his four-year term, consisting of 80 pardons and 4,165 commutations, according to aggregated tallies of clemency actions [1] [2]. Independent lists and reporting highlight a set of high-profile and family pardons issued on Biden’s final day, sparking legal and political controversy over autopen signatures and “preemptive” pardons for individuals not charged with crimes [3] [4] [5].

1. A staggering clemency count that resets expectations about presidential mercy

Official and secondary tallies attribute 4,245 clemency actions to President Biden’s term, a figure described as larger than any prior president’s cumulative grant of pardons and commutations within a single term [1] [2]. This total is broken down into 80 formal pardons—which fully forgive offenses—and 4,165 commutations, which reduce sentences. The numerical emphasis reframes debate: critics focused on headline-grabbing individual pardons, while defenders point to the broader pattern of sentence reductions affecting large numbers, especially in drug and nonviolent cases, underscoring a policy tilt toward clemency as criminal-justice reform [1] [6].

2. High-profile and family pardons on the final day: facts and fallout

Multiple outlets reported that Biden issued pardons on his final day that included family members, Dr. Anthony Fauci, and Gen. Mark Milley, and that these actions attracted intense scrutiny and partisan criticism [3] [5]. Some reporting asserts these final-day pardons used an autopen signature and even shares identical signatures across documents, raising questions about administrative practice and legal validity. Supporters stress the president’s constitutional authority to pardon, while opponents frame the moves as politically improvised clemency favoring allies and kin [4].

3. The “preemptive pardon” phenomenon and its legal significance

Analysts documented instances described as “preemptive pardons”—pardons granted to people who had not been charged, convicted, or even publicly investigated—marking a historically unusual usage of the pardon power [1]. Legal scholars diverge on implications: some argue preemptive pardons are within constitutional bounds, while others warn they subvert accountability and raise separation-of-powers concerns. The presence of preemptive actions in the reported 4,245 total alters the conversation from sheer count toward the nature and timing of the clemency decisions [1] [6].

4. Discrepancies and contested claims about signature method and legitimacy

Several reports questioned the legitimacy of certain pardons by pointing to an autopen signature and identical autograph patterns across multiple documents [4]. Those alleging impropriety claim autopen usage could render specific pardons procedurally vulnerable; defenders note precedent for autopen in presidential administrative work and emphasize judicial deference to the clemency power. The debate mixes procedural technicalities with partisan narratives, making the method of execution a focal point of post-presidency legal and political scrutiny [4].

5. Conflicting narratives about specific beneficiaries—Hunter Biden and others

Coverage diverges on individual pardons’ contexts: some outlets report that Hunter Biden was pardoned and include his public remarks characterizing the pardon as tied to electoral outcomes, while others emphasize lists of named beneficiaries including relatives and officials [7] [5]. These narratives have been amplified in partisan arenas: critics frame family pardons as cronyism; supporters highlight mercy or legal justification. The factual core—whether particular individuals received pardons—is reported consistently, but interpretation varies sharply along political lines [7] [3].

6. Sources, dates, and the risk of partisan amplification

Reporting spans early-2025 summaries of total clemency metrics and later, mid- and late-2025 articles focusing on controversies and high-profile names (p2_s1 dated 2025-02-07; [5] dated 2025-06-04; [4] and [4] dated 2025-11-03). The temporal spread shows an initial focus on aggregate policy outcomes, then later concentration on sensational individual pardons and procedural questions. Readers should note possible agendas: outlets emphasizing numbers foreground reform achievements, while those highlighting autopen and family pardons amplify allegations of impropriety, which can magnify political narratives beyond the administrative record [1] [4].

7. Bottom line: verified counts versus contested specifics

The verifiable, cross-reported fact is that Biden’s administration executed 4,245 clemency actions (80 pardons, 4,165 commutations) during the term—a tally sourced to official and compiled lists [1] [2] [6]. The content and legitimacy of certain last-day pardons—including family members and high-profile figures—and the use of an autopen are contested and reported with differing emphases and legal interpretations across outlets [3] [4] [5]. The central clarification: the headline number is well-documented; the controversies concern specific beneficiaries and administrative formality.

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