DOJ Probe into Biden's Autopen Use Continues Despite Challenges

Federal investigators face difficulties proving wrongdoing due to executive privilege and the president's broad pardon power.

Published on Mar. 5, 2026

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The Department of Justice's investigation into former President Joe Biden's alleged misuse of the autopen to issue sweeping pardons and commutations in the final months of his administration is ongoing, despite a New York Times report indicating the case had gone cold. A senior DOJ official confirmed the probe is still active, though proving any criminal acts is challenging given the executive privilege issues involved and the president's broad constitutional authority over the pardon power.

Why it matters

The investigation into Biden's use of the autopen raises questions about the limits of presidential power and the potential for abuse, particularly as it relates to the pardon authority. The case also highlights the difficulties federal prosecutors can face in holding a former president accountable, even when there are allegations of misconduct.

The details

Federal investigators have been scrutinizing Biden's use of the mechanical autopen device, particularly in the final months of his administration when he issued dozens of pardons for nonviolent crimes and commuted the sentences of nearly 2,500 inmates convicted of crack cocaine offenses. While presidents can legally use the autopen to sign official orders and acts of clemency, the DOJ official noted that the 'statutes that apply in this case' make it difficult to nail down any illegal acts when the president is 'pardoning whole categories of crime.' The Supreme Court's 2024 ruling granting presidents immunity from prosecution also complicates the case against Biden himself.

  • In the final months of Biden's presidency in 2025, he used the autopen to issue sweeping pardons and commutations.
  • On January 19, 2025, Biden's final day in office, then-White House chief of staff Jeff Zients personally approved 11th-hour pardons for Biden family members.

The players

Joe Biden

The 46th President of the United States, who is alleged to have misused the autopen to issue pardons and commutations in the final months of his administration.

Jeanine Pirro

The DC US Attorney who pushed back on a New York Times report that the DOJ investigation into Biden's autopen use had gone cold, suggesting certain lines of inquiry were still open.

Jeff Zients

The former White House chief of staff who was unable to name the aide or official in charge of the autopen in the final months of the Biden administration when questioned by the House Oversight Committee.

Annie Tomasini

The deputy chief of staff who the House Oversight Committee report alleged 'facilitated' the cover-up of Biden's cognitive decline and misuse of the autopen.

Kevin O'Connor

The White House physician who the House Oversight Committee report alleged 'facilitated' the cover-up of Biden's cognitive decline and misuse of the autopen.

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What they’re saying

“We cannot comment on ongoing investigations.”

— Jeanine Pirro, DC US Attorney (X)

“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.”

— Joe Biden (Statement)

What’s next

The judge in the case will decide on Tuesday whether or not to allow the investigation to continue, given the executive privilege issues involved.

The takeaway

This case highlights the challenges federal prosecutors face in holding a former president accountable, even when there are allegations of misconduct related to the president's broad constitutional authorities like the pardon power. It also raises questions about the limits of presidential power and the potential for abuse.