DOJ Keeps Biden Autopen Investigation Open Despite Low Odds of Criminal Charges

Federal Investigators Continue Scrutinizing Biden's Autopen Use

The Department of Justice has confirmed that its investigation into former President Joe Biden's reliance on an autopen device during the closing stretch of his administration remains active. The inquiry centers specifically on pardons and commutations signed during that period — though senior officials acknowledge that Biden himself is unlikely to face any criminal charges as a result.

A senior DOJ official confirmed to reporters that the probe has not been shelved, directly pushing back against recent media reports suggesting the investigation had stalled. Investigators are actively reviewing clemency decisions made in the final months of the Biden White House.

The Core Legal Question

The central issue is not simply whether an autopen was used — its use by sitting presidents carries well-established legal precedent. Rather, investigators are examining whether Biden personally reviewed and approved each individual included on pardon and commutation lists, or whether those decisions may have been made without his direct authorization.

"These types of cases are tough. Executive privilege issues come into play," a senior DOJ official noted, underscoring the legal complexity surrounding any potential action.

Why Biden Is Unlikely to Face Charges

Despite the ongoing review, officials indicated that bringing criminal charges against Biden would be an extraordinarily difficult legal hurdle to clear. One significant barrier is the Supreme Court's landmark 2024 ruling in Trump v. United States, which established that former presidents carry broad immunity from criminal prosecution for official acts performed during their time in office.

The Court wrote: "We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office."

Applying that standard, a senior official stated plainly: "It's hard to imagine how [Biden] could be criminally liable for pardon power."

U.S. Attorney Jeanine Pirro's team is among those continuing to examine the Biden administration's autopen practices, sources familiar with the matter confirmed.

Trump Pushes for Accountability; Biden Pushes Back

President Donald Trump has been vocal in calling for consequences, alleging on social media that Biden aides acted unlawfully and even raising the possibility of perjury charges. Biden has firmly rejected those assertions.

"Let me be clear: I made the decisions during my presidency," Biden stated. "I made the decisions about the pardons, executive orders, legislation and proclamations. Any suggestion that I didn't is ridiculous and false."

Congressional Pressure Mounts

On Capitol Hill, the House Oversight Committee has zeroed in on Biden's clemency actions, particularly five high-profile pardons granted to family members in the final days of his term. Lawmakers cited an apparent absence of contemporaneous documentation confirming that Biden directly authorized those pardons.

The committee formally requested that the DOJ investigate all of Biden's executive actions — with special attention to clemency decisions — to determine whether any legal grounds exist to void actions that the former president may not have personally authorized.

The investigation remains ongoing, with no timeline publicly established for its conclusion.