DOJ signals it’s still digging into Biden autopen use despite reports probe fizzled
Republican-led House Oversight Committee called Biden's autopen use a scandal and recommended further DOJ investigation
By Ashley Oliver Fox News
Published March 5, 2026 11:26am ES
The Department of Justice indicated Thursday it is still investigating the legality of former President Joe Biden's use of an autopen despite reports that the probe has been shelved because prosecutors have been unable to identify any criminal charges to bring.
Multiple sources told Fox News Digital that U.S. Attorney Jeanine Pirro's office was still looking into the Biden White House's autopen use after the New York Times reported that the inquiry was recently tabled.
Pirro responded to the report in an X post on Thursday, saying the DOJ "cannot comment on ongoing investigations," signaling the investigation remained open.
The New York Times reported Wednesday that the "inquiry was quietly shelved" because the DOJ failed "to build a criminal case against Mr. Biden and his aides."
Jonathan Turley, George Washington University law professor and Fox News contributor, previously said legal challenges to Biden's autopen use would likely be unsuccessful.
"Many are suggesting that the Biden pardons may now be challenged in light of the disclosures of Biden's use of an autopen," Turley wrote on social media in 2025. "The chances of such challenges succeeding are vanishingly low. Presidents are allowed to use the autopen and courts will not presume a dead-hand conspiracy."
While other presidents have used autopens, including Trump — who has said he used it on "unimportant" documents — Biden's became a flashpoint as scrutiny of his mental acuity grew during his tenure.
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