DOJ Quietly Drops Biden Autopen Probe

Federal prosecutors spent months trying to turn Biden's use of an autopen into a criminal case, but ultimately found no prosecutable offense.

Published on Mar. 5, 2026

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The Justice Department has reportedly dropped its investigation into former President Joe Biden's use of an autopen to sign clemency documents in his final months in office. Federal prosecutors, led by a Trump ally, struggled to define a potential crime and ultimately decided not to bring the case before a grand jury due to a lack of evidence.

Why it matters

The collapse of the case has reinforced concerns that the Trump administration was increasingly willing to use federal law enforcement as a tool against political rivals, with prosecutors around the country facing pressure to open investigations targeting Trump critics.

The details

At President Trump's urging, the Justice Department examined whether Biden or his aides broke the law by using an autopen to sign clemency documents. Veteran prosecutors in the US attorney's office in Washington, led by Trump ally Jeanine Pirro, reportedly doubted from the start that there was anything resembling a prosecutable offense. Investigators struggled even to define a potential crime and to decide whether to focus on aides or Biden, whose official acts are broadly shielded by a 2024 Supreme Court ruling on presidential immunity.

  • The autopen probe ultimately fizzled without charges around the time that a grand jury declined to indict six Democratic lawmakers over a video reminding troops they must refuse unlawful orders.

The players

Joe Biden

The former president who used an autopen to sign clemency documents in his final months in office.

Donald Trump

The former president who urged the Justice Department to investigate Biden's use of an autopen.

Jeanine Pirro

A Trump ally who led the veteran prosecutors in the US attorney's office in Washington that investigated Biden's use of an autopen.

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What they’re saying

“Biden, who has called Trump and his allies "liars," has said his staff used the autopen to handle a high volume of paperwork but that he personally made the decisions.”

— Joe Biden (New York Times, NBC News)

The takeaway

The collapse of the case against Biden's use of an autopen has raised concerns about the Trump administration's willingness to use federal law enforcement as a political tool against its rivals, with prosecutors facing pressure to open investigations targeting Trump critics.