DOJ drops Biden autopen probe after failing to find criminal case
The Justice Department has dropped a criminal inquiry into whether former President Joe Biden or his aides broke the law by using an autopen to sign presidential documents. Prosecutors say they couldn’t identify a criminal case.
The investigation, first reported closed by The New York Times, examined whether the mechanical signature device was improperly used to issue pardons and other official actions near the end of Biden’s presidency. Prosecutors ended the review after determining there was no legal basis to pursue charges.
Federal prosecutors in the U.S. Attorney’s Office for Washington, D.C., handled the inquiry. That office is now led by Jeanine Pirro, a longtime ally of President Donald Trump. Two sources also confirmed to CBS News that the probe was closed after investigators failed to identify a charge they could bring.
Trump ordered the review last year, directing Attorney General Pam Bondi and White House counsel to examine whether Biden’s aides used an autopen to sign key documents without the former president’s knowledge. In a memo at the time, Trump argued the device may have been used to conceal what he described as Biden’s cognitive decline.
Biden repeatedly rejected those claims. In an earlier interview with The New York Times, he said he personally approved the decisions tied to pardons and other executive actions.
“I made every decision,” Biden said, explaining that staff used an autopen to reproduce his signature because of the volume of documents involved.
Presidents from both parties have used the device for routine signing tasks. Trump himself has acknowledged using an autopen.
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Investigators could not identify a criminal statute
The inquiry struggled with a basic problem: prosecutors couldn’t determine what law, if any, had been violated.
People familiar with the matter said investigators examined whether the use of the autopen could constitute misconduct tied to presidential pardons or executive actions. They concluded the facts did not support a criminal case.
Prosecutors also had to consider whether any inquiry should focus on Biden or members of his staff who handled the signing process. A 2024 Supreme Court ruling granting presidents broad immunity for official acts further narrowed the scope of any potential case.
The investigation was closed without charges and never presented to a grand jury.
Dispute spilled into White House symbolism
The controversy over the autopen also surfaced inside the White House.
When the Trump administration installed portraits of past presidents in a gallery display, the space reserved for Biden included a framed image of an autopen rather than a traditional portrait. The display placed the image between photographs of Trump.
The Justice Department tells Straight Arrow News it will not comment on ongoing investigations.
Ella Rae Greene, Editor In Chief
