Report: Over 300 Pardon and Commutation Records Went Missing Under Biden Pardon Attorney Who Now Condemns Trump
More than 300 official records documenting presidential pardons and sentence commutations disappeared during the Biden Administration, a lapse that is now prompting renewed questions about how one of the presidency’s most consequential authorities was administered and safeguarded, The Sun reports.
The missing materials vanished while the pardon office was overseen by Elizabeth Oyer, a senior official who later appeared before Congress, authored a New York Times opinion essay, and spoke in an interview on “60 Minutes,” all sharply criticizing the Trump Administration’s handling of clemency — the same process she had previously overseen.
Internal records obtained exclusively by the Sun describe an “internal investigation” that was “conducted into missing clemency documents, namely approximately 301 original, signed, and sealed clemency warrants (‘clemency warrants’) from the last three presidential administrations.” A source within the current administration told the Sun that although duplicate copies exist, the original signed paper warrants have never been located.
Those findings were detailed in a confidential memorandum dated November 2022, sent by Ms. Oyer to a Justice Department official, Jaclyn Paolucci. According to the memo, the probe into the vanished records “included review of pertinent emails, Teams chats, and memoranda, as well as interviews” with Department of Justice staff.
The unaccounted-for warrants precede the most controversial clemency actions of Mr. Biden’s presidency — including grants involving Hunter Biden, General Mark Milley, Dr. Anthony Fauci, and members of the House January 6 Committee — issued near the end of his term. They also predate his decision to commute the sentences of 37 inmates on federal death row convicted of murder. Republicans, along with President Trump, have closely examined Mr. Biden’s reliance on an autopen to sign those later documents.
In the memorandum, Ms. Oyer explains that “the clemency warrants are the official records of presidential grants of clemency in the form of pardons and commutations. Each is on long parchment paper, bearing an official seal in gold and the original signature of the granting president.” She cites the Constitution’s provision that the president “shall have Power to grant Reprieves and Pardons for Offences against the United States.”
The Sun also obtained a May 2023 termination notice sent to the pardon office’s Records and Information Manager, Malawi Welles, by deputy pardon attorney Kira Gillespie. Ms. Welles was dismissed after investigators concluded she was “the last person known to be in possession of the warrants” before they disappeared.
Ms. Oyer, who assumed the role of Pardon Attorney in April 2022 — a position not subject to Senate confirmation — was herself dismissed by the Trump Administration in May 2025. She has said the firing came after she declined to recommend restoring Mel Gibson’s gun rights. Since then, she has become an outspoken critic of the 47th president, telling Scott Pelley on “60 Minutes” that “all of the traditional rules and procedures pertaining to pardons have been thrown out the window. This administration appears to be working around the Justice Department rather than with the Justice Department.”
After her removal, Ms. Oyer, a longtime public defender, testified before Congress about what she described as “the ongoing corruption” within the Trump Justice Department. Mr. Gibson, whose gun rights were revoked following a domestic violence conviction later vacated, was subsequently appointed a “Hollywood Envoy” by the 47th president. Deputy Attorney General Todd Blanche responded by saying Ms. Oyer’s public statements constituted a “direct violation of her ethical duties.”
The internal report authored by Ms. Oyer states that clemency records “are secured through the use of safes, locked file cabinets, and/or restricted access to the space in which they are located.” She wrote, however, that “these instructions do not appear to have been followed by Ms. Welles, as the records do not appear to have ever been placed in the safe.” Investigators noted that Ms. Welles “effectively declined to provide information” during the inquiry and “does not recall ever seeing the records.”
The investigation also found gaps in staff training. Some employees were never instructed on “records maintenance systems, nor its procedures for handling, storing, and securing clemency warrants and other documents in the Executive Case File records system.” Instead, guidance was conveyed informally, on an “ad hoc basis,” only when staff were required to handle physical records.
Ms. Oyer concluded that “the clemency warrants appear to be missing because procedures and instructions for securing the documents were not followed by Ms. Welles.” She emphasized that Ms. Welles was “the designated custodian of the records” and had been told to place them in a safe, yet later claimed she had never seen them. Ms. Oyer acknowledged that “their current whereabouts are not known.”
One case highlighted in the report traces the disappearance of a specific warrant. On June 14, 2022, Ms. Welles received a commutation warrant signed by Mr. Biden for Brittany Krambeck, who had served more than 12 years of an 18-year sentence for “maintaining drug-involved premises” and was already on home confinement. Because Ms. Welles was “working from home,” the document was slid under the door” of her “locked office.
The following day, Ms. Welles asked a supervisor, “Where am I supposed to put this document? In the file?” She was instructed to “start her own filing system.” On June 16, she reported that she “created a file in [her] office for this warrant as well.” After that date, the trail for the Krambeck warrant — and for roughly 300 others after June 28 — disappears. Ms. Oyer reiterated that “at this stage, the clemency warrants appear to be missing because procedures and instructions for securing the documents were not followed by Ms. Welles.”
In her termination letter, Ms. Gillespie wrote that Ms. Welles was “the last person known to be in possession of the Warrants” and accused her of being “abjectly derelict in the performance of one of your most fundamental duties and that you failed to safeguard important and quintessential presidential clemency records.” The letter added that “no supervisor could conceivably have confidence in your ability.” Ms. Welles’ dismissal took effect on May 18, 2023.
After leaving government service, Ms. Oyer launched a Substack newsletter in May. Her opening post begins, “Hi everyone, I’m Liz Oyer — rhymes with lawyer, which is apt, because I’ve been a practicing lawyer for more than 20 years.” She ends by writing, “Now is the time to be brave and try new things. For me, that means speaking out and speaking up in ways I haven’t before.” She has also built a TikTok following of roughly 200,000 users.
{Matzav.com}
