Introduction
In a bold move that has reignited political tensions, Ed Martin Jr., the newly appointed U.S. Pardon Attorney under President Donald Trump’s administration, announced on May 13, 2025, a formal investigation into the last-minute pardons issued by former President Joe Biden. Speaking at a press conference in Washington, D.C., Martin emphasized the need for scrutiny, stating, “The integrity of the American Pardon system requires that we examine the Biden pardons and who did what. We will get to the bottom of it. Count on us.” The announcement has sparked widespread debate, with critics and supporters alike weighing in on the implications of probing a president’s constitutional clemency powers.
The Context of Biden’s Pardons
On his final day in office, January 19, 2025, Biden issued a series of preemptive pardons that drew significant attention. These included clemency for family members—his brother James Biden, sister-in-law Sara Biden, sister Valerie Biden Owens, her husband John Owens, and brother Francis Biden. Additionally, Biden pardoned high-profile figures such as Dr. Anthony Fauci, who coordinated the nation’s COVID-19 response, retired General Mark Milley, former chairman of the Joint Chiefs of Staff, and members of the House January 6 Committee, including former Representatives Liz Cheney and Adam Kinzinger. None of these individuals had been charged with crimes, leading critics to argue that the pardons were designed to shield political allies from potential future investigations under the Trump administration.
Biden also pardoned his son, Hunter Biden, on December 1, 2024, for tax and gun-related crimes, covering potential offenses from January 1, 2014, to December 1, 2024. This followed Hunter’s conviction in June 2024 for possessing a firearm while addicted to drugs and making false statements on a purchase document. In announcing the pardons, Biden stated that his family had faced “unrelenting attacks and threats, motivated solely by a desire to hurt me—the worst kind of partisan politics.”
Ed Martin’s Investigation
Ed Martin, who transitioned from interim U.S. Attorney for the District of Columbia to Pardon Attorney and head of the DOJ’s Weaponization Working Group, has made the Biden pardons a focal point of his new role. During his press conference, Martin expressed concerns about the scope and timing of the pardons, describing them as “unusually broad” and suggesting potential corruption. “They were so specific—back 14 years, covering everything you’ve ever done,” he told radio host Vince Coglianese, adding that the specificity “leads to questions” about the motives behind the clemency grants.
Martin’s investigation will examine the “conduct surrounding the pardons and the Biden White House,” a probe he says began during his tenure as interim U.S. Attorney. He has already sent letters to Biden’s former White House aides, including former chief of staff Jeffrey Zients, and pardon recipients like James and Sara Biden, requesting information about Biden’s mental competency at the time of the pardons. These inquiries have fueled speculation, particularly among Trump supporters, that Biden’s cognitive health—rumored to have declined in his final months in office—may have allowed unelected staff to influence the pardon process.
Martin dismissed President Trump’s claim that Biden’s alleged use of an “autopen” to sign the pardons renders them invalid, stating, “I don’t think Biden’s use of auto-pen is necessarily a problem.” However, he emphasized that the investigation would focus on whether the pardons were “used correctly” and whether they crossed ethical or legal lines, despite the president’s broad constitutional authority to grant clemency.
Political and Public Reactions
The announcement has elicited strong reactions across the political spectrum. On X, supporters of Martin’s investigation hailed it as a necessary step to restore trust in the pardon system. One user, @nicksortor, celebrated the probe, suggesting that figures like Fauci and Representative Adam Schiff “are going to be losing a lot of sleep.” Another post claimed the pardons were a “stain on Biden’s legacy,” accusing him of shielding a “Biden crime factory.”
Critics, however, view Martin’s actions as politically motivated retribution. Democratic lawmakers and legal experts argue that the investigation is an attempt to undermine Biden’s constitutional authority and harass his allies. Eugene Vindman, a former Biden aide who received a letter from Martin, called it part of Trump’s “retribution campaign,” dismissing the probe as intimidation. The New York Times reported that Martin’s letters, while informal, are “provocative” and challenge a presidential power that has historically gone unquestioned.
The controversy has also reignited debates about Biden’s mental capacity. Posts on X and some media outlets have speculated that Biden’s cognitive decline may have allowed aides to push through the pardons without his full awareness, though no concrete evidence supports this claim. Such allegations echo concerns raised in a 2024 special counsel report by Robert Hur, which described Biden’s memory as “significantly limited,” though it did not conclude he was unfit to lead.
Martin’s Broader Agenda
Martin’s appointment as Pardon Attorney and head of the Weaponization Working Group, established by Attorney General Pam Bondi to investigate alleged politicization of the DOJ under Biden, signals a broader push to target Trump’s political adversaries. Martin has vowed to pursue “bad actors” and, if they cannot be charged, to publicly “name and shame” them, despite DOJ policies discouraging public comments about uncharged individuals. This approach has drawn criticism for potentially weaponizing the DOJ, with ProPublica noting Martin’s history of dismissing January 6 cases and demoting career prosecutors.
Martin’s tenure as interim U.S. Attorney was marked by controversy, including his dismissal of hundreds of January 6 cases following Trump’s pardons of nearly 1,500 defendants and his public support for Elon Musk’s Department of Government Efficiency. His nomination for the permanent U.S. Attorney role was withdrawn after opposition from Senate Republicans, including Senator Thom Tillis, who cited Martin’s embrace of Capitol riot defendants. Despite this, Trump elevated Martin to influential DOJ roles, signaling confidence in his aggressive approach.
Legal and Ethical Questions
The investigation faces significant hurdles, as the president’s pardon power is constitutionally absolute, with few legal mechanisms to challenge clemency grants. Martin acknowledged this, noting uncertainty about whether pardons could be deemed “null and void.” Legal experts argue that while Martin can investigate the circumstances surrounding the pardons, overturning them is unlikely without evidence of fraud or coercion, which has not been substantiated.
The probe has also raised ethical concerns. Martin himself disclosed on May 16, 2025, that he is under investigation by the D.C. Bar’s Office of Disciplinary Counsel for unspecified ethics violations, adding a layer of complexity to his leadership of the pardon review. Critics argue that his public statements about “naming and shaming” uncharged individuals violate DOJ guidelines, potentially undermining the investigation’s credibility.
The Road Ahead
As Martin’s investigation unfolds, it is likely to intensify political divisions. The DOJ has not provided a timeline for the inquiry, and the White House has not formally responded to the allegations. The probe could set a precedent for scrutinizing presidential pardons, raising questions about the balance between accountability and the executive’s constitutional powers.
For now, Martin’s commitment to “get to the bottom” of Biden’s pardons has galvanized Trump supporters while alarming Biden’s allies. As the investigation progresses, it will test the boundaries of the DOJ’s authority and Martin’s ability to navigate a politically charged landscape without further eroding public trust in the justice system.
Conclusion
Ed Martin’s announcement of an investigation into Joe Biden’s last-minute pardons marks a significant escalation in the Trump administration’s efforts to scrutinize its predecessor’s actions. While the probe aims to uphold the “integrity of the American Pardon system,” it faces legal, ethical, and political challenges that could shape its outcome. As the nation watches, the investigation will likely fuel debates about presidential power, political retribution, and the legacy of Biden’s final days in office.
