The growing Biden autopen investigation continues inside the Department of Justice (DOJ) as federal officials review whether former President Joe Biden personally approved clemency actions issued late in his administration. The probe centers on whether Biden’s autopen was used properly when signing pardons and commutations during the final months of his presidency.
A senior DOJ official confirmed the investigation remains active and has not been closed. Investigators are examining the use of the autopen device in connection with several clemency decisions issued near the end of Biden’s term. The official emphasized that the use of an autopen by a president is considered established law, but authorities are reviewing whether each pardon and commutation had Biden’s direct approval.
“These types of cases are tough, executive privilege issues come into play,” the senior DOJ official said. The official added that criminal charges against Biden appear unlikely. “It’s hard to imagine how [Biden] could be criminally liable for pardon power,” the official said.
Legal analysts note that a 2024 Supreme Court decision could shield former presidents from prosecution for official acts. In Trump v. United States, the Court ruled, “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.” The ruling continued, “At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute.”
Sources familiar with the review told Fox News Digital that U.S. Attorney Jeanine Pirro’s team continues to examine the Biden White House’s reliance on an autopen. The development contradicts a report suggesting the investigation had paused.
President Trump has publicly raised concerns about the autopen controversy, alleging that aides may have acted improperly. Biden rejected those claims in a previous statement. “Let me be clear: I made the decisions during my presidency,” Biden said. “I made the decisions about the pardons, executive orders, legislation and proclamations. Any suggestion that I didn’t is ridiculous and false.”
The House Oversight Committee has also launched scrutiny of Biden’s clemency actions, including several pardons granted to family members in the final days of his presidency. Lawmakers cited what they described as a lack of “contemporaneous documentation” confirming that Biden personally authorized the decisions.
