The Department of Justice (DOJ) has officially abandoned its high-profile investigation into former President Joe Biden’s use of an autopen to sign executive documents, including clemency grants issued during the final days of his presidency.
The probe, initiated under former DOJ pardon attorney Ed Martin while serving as interim U.S. attorney for the District of Columbia, examined whether aides may have used the device without Biden’s knowledge amid claims of cognitive decline late in his term.
The inquiry was later wound down under U.S. Attorney Jeanine Pirro, a longtime ally of President Donald Trump.
Sources told the Washington Examiner and NBC Chicago that the autopen case was never presented to a grand jury, reflecting the difficulty prosecutors faced in pursuing a criminal case absent clear statutory violations.
Veteran federal attorneys reportedly expressed skepticism regarding the legal foundation of any charges.
Trump, who has repeatedly claimed that some executive actions signed with the autopen were invalid, directed the DOJ in June 2025 to examine the device’s use, citing concerns over Biden’s mental acuity.
The Republican-led House Oversight Committee also conducted a months-long investigation, questioning former White House officials behind closed doors and issuing a 90-page report in October 2025 that referred three key Cabinet members, including Biden’s physician Kevin O’Connor, for potential DOJ review.
Despite the attention, records of autopen use remain scarce.
The Oversight Project, a conservative nonprofit, identified three distinct signature variations used by Biden during his presidency and documented eight autopen signatures in 2022 while Biden was at the White House.
A 2005 DOJ memo has long established that presidents may legally use an autopen for official documents, though the practice was rare before former President Barack Obama employed it to sign legislation in 2011 while abroad.
Biden denied any wrongdoing, stating in June 2025, “Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false.”
The investigation faced additional hurdles tied to presidential immunity and federal precedent.
The Supreme Court’s 2024 ruling on presidential immunity broadly shields presidents from criminal liability for official acts, including the issuance of pardons and executive orders.
Federal prosecutors could also not identify a specific law violated if aides mechanically assisted with autopen signatures, according to the Baltimore Chronicle.
Prior to shelving the case, Pirro’s office issued demand letters to former Biden aides seeking communications from December 2024 and January 2025, conducted staff interviews, attempted to subpoena medical records, and consulted neurology experts regarding Biden’s cognitive state.
Veteran DOJ staff reportedly rejected the latter as unscientific and politically motivated.
After a D.C. grand jury refused to indict six Democratic lawmakers in a separate politically charged case, prosecutors determined the autopen case was unlikely to succeed and opted not to proceed.
The Oversight Project criticized the closure on X, calling it “disappointing” and insisting that accountability for what they describe as the “scandal of the century” is necessary.
Meanwhile, some Republican officials continue exploring legal avenues related to late-term clemency actions taken by Biden, highlighting ongoing concerns about presidential oversight and the limits of administrative authority.
