Justice Department Autopen Probe Continues, Official Says

Prosecutors examining whether Biden aides misused autopen, but former president not under investigation himself.

Published on Mar. 6, 2026

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The Justice Department is still investigating whether people around former President Joe Biden broke the law with their use of an autopen, according to a senior Justice Department official. Biden is not under investigation himself, but prosecutors are looking at whether any of his former aides may have used the autopen for actions beyond those authorized by the president in the final months of his administration.

Why it matters

The autopen investigation is one of several probes the Justice Department is conducting in response to complaints from former President Donald Trump, who has alleged that Biden's sweeping pardons signed in the last several months of his term were not valid because he lacked the mental capacity to knowingly sign off on them.

The details

The official declined to say which specific criminal statute may have been violated, but noted that the investigation has been taken over by the U.S. Attorney's Office in Washington, which is led by Trump ally Jeanine Pirro. In recent months, the probe had not appeared to have much forward movement, but the Justice Department remained interested in examining Biden for a potential case.

  • The Justice Department investigation began in the final months of Biden's presidency.
  • In October, the Justice Department's pardon attorney, Ed Martin, addressed the matter in a message to the House Oversight Committee chair.
  • The investigation has since been taken over by the U.S. Attorney's Office in Washington.

The players

Joe Biden

The former President of the United States who is not under investigation himself, but whose aides are being scrutinized for potential misuse of an autopen.

Donald Trump

The former President of the United States who has complained about Biden's use of the autopen and alleged that his pardons were not valid.

Jeanine Pirro

The U.S. Attorney in Washington, D.C. who is now leading the Justice Department's investigation into the autopen use.

Ed Martin

The Justice Department's pardon attorney who initially ran the probe and addressed the matter in an October message to the House Oversight Committee chair.

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What they’re saying

“The abuses carried in connection with [the Pardon] office provide further evidence … that bad actors exploited President Biden's infirmary to secure their own agenda by, with, and through various means including the AutoPen.”

— Ed Martin, Justice Department Pardon Attorney (House Oversight Committee)

“We cannot comment on ongoing investigations.”

— Jeanine Pirro (Social media)

What’s next

The Justice Department investigation is ongoing, and it remains to be seen whether any charges will be brought against Biden's former aides for potential misuse of the autopen.

The takeaway

This investigation highlights the continued political tensions and scrutiny surrounding the actions of former presidents and their administrations, even after they have left office. It also raises questions about the limits of presidential powers and the potential for abuse, particularly when it comes to the use of technology like the autopen.