DOJ officials say Biden autopen investigation has not closed despite reports
Law enforcement shouldn't be political.
The federal investigation into whether any of former President Joe Biden’s aides mishandled his use of the autopen has not been shelved, according to three sources within the Justice Department, pushing back on earlier reports that the case had closed without any indictments.
A senior Justice Department official told the Washington Examiner on Thursday that the investigation remains active, contradicting a Wednesday New York Times report that claimed prosecutors were unable to identify potential criminal charges and had effectively dropped the matter.
Former President Joe Biden speaks to the South Carolina Democratic Party on Friday, Feb. 27, 2026, in Columbia, S.C. (AP Photo/Matt Kelley)
“I don’t think it’s the view of smart people that it was illegal to use an autopen,” the senior official said, emphasizing that the investigation is not centered on whether the device itself is lawful. The Justice Department has long held that a president may use the autopen to approve official documents that require his signature.
Instead, federal investigators are examining whether Biden aides may have improperly used the autopen during a time when the president’s mental capacity was declining, potentially authorizing executive actions without his full knowledge or consent.
The official said the investigation is focused on the conduct of staff members surrounding the former president, rather than on Biden himself.
Investigators were said to be reviewing whether aides could have used the autopen for potential “obstruction” of the former president’s intent, as well as whether they may have bypassed his authority in approving official actions using the device, according to the senior DOJ official.
The official said “it is not the case” that prosecutors have been struggling to identify statutes that could support criminal charges and pushed back on the Times’ suggestion that investigators were looking into whether Biden himself broke the law.
U.S. Attorney Jeanine Pirro, whose office in Washington, D.C., is overseeing the inquiry, declined to comment on the investigation’s status.
We cannot comment on ongoing investigations
— US Attorney Pirro (@USAttyPirro) March 5, 2026
However, when pressed about why three sources reportedly told the Times the case had been closed, the senior DOJ official declined to address the discrepancy.
The investigation has drawn in part on materials reviewed by the Republican-led House Committee on Oversight and …
Law enforcement shouldn't be political.
The federal investigation into whether any of former President Joe Biden’s aides mishandled his use of the autopen has not been shelved, according to three sources within the Justice Department, pushing back on earlier reports that the case had closed without any indictments.
A senior Justice Department official told the Washington Examiner on Thursday that the investigation remains active, contradicting a Wednesday New York Times report that claimed prosecutors were unable to identify potential criminal charges and had effectively dropped the matter.
Former President Joe Biden speaks to the South Carolina Democratic Party on Friday, Feb. 27, 2026, in Columbia, S.C. (AP Photo/Matt Kelley)
“I don’t think it’s the view of smart people that it was illegal to use an autopen,” the senior official said, emphasizing that the investigation is not centered on whether the device itself is lawful. The Justice Department has long held that a president may use the autopen to approve official documents that require his signature.
Instead, federal investigators are examining whether Biden aides may have improperly used the autopen during a time when the president’s mental capacity was declining, potentially authorizing executive actions without his full knowledge or consent.
The official said the investigation is focused on the conduct of staff members surrounding the former president, rather than on Biden himself.
Investigators were said to be reviewing whether aides could have used the autopen for potential “obstruction” of the former president’s intent, as well as whether they may have bypassed his authority in approving official actions using the device, according to the senior DOJ official.
The official said “it is not the case” that prosecutors have been struggling to identify statutes that could support criminal charges and pushed back on the Times’ suggestion that investigators were looking into whether Biden himself broke the law.
U.S. Attorney Jeanine Pirro, whose office in Washington, D.C., is overseeing the inquiry, declined to comment on the investigation’s status.
We cannot comment on ongoing investigations
— US Attorney Pirro (@USAttyPirro) March 5, 2026
However, when pressed about why three sources reportedly told the Times the case had been closed, the senior DOJ official declined to address the discrepancy.
The investigation has drawn in part on materials reviewed by the Republican-led House Committee on Oversight and …
DOJ officials say Biden autopen investigation has not closed despite reports
Law enforcement shouldn't be political.
The federal investigation into whether any of former President Joe Biden’s aides mishandled his use of the autopen has not been shelved, according to three sources within the Justice Department, pushing back on earlier reports that the case had closed without any indictments.
A senior Justice Department official told the Washington Examiner on Thursday that the investigation remains active, contradicting a Wednesday New York Times report that claimed prosecutors were unable to identify potential criminal charges and had effectively dropped the matter.
Former President Joe Biden speaks to the South Carolina Democratic Party on Friday, Feb. 27, 2026, in Columbia, S.C. (AP Photo/Matt Kelley)
“I don’t think it’s the view of smart people that it was illegal to use an autopen,” the senior official said, emphasizing that the investigation is not centered on whether the device itself is lawful. The Justice Department has long held that a president may use the autopen to approve official documents that require his signature.
Instead, federal investigators are examining whether Biden aides may have improperly used the autopen during a time when the president’s mental capacity was declining, potentially authorizing executive actions without his full knowledge or consent.
The official said the investigation is focused on the conduct of staff members surrounding the former president, rather than on Biden himself.
Investigators were said to be reviewing whether aides could have used the autopen for potential “obstruction” of the former president’s intent, as well as whether they may have bypassed his authority in approving official actions using the device, according to the senior DOJ official.
The official said “it is not the case” that prosecutors have been struggling to identify statutes that could support criminal charges and pushed back on the Times’ suggestion that investigators were looking into whether Biden himself broke the law.
U.S. Attorney Jeanine Pirro, whose office in Washington, D.C., is overseeing the inquiry, declined to comment on the investigation’s status.
We cannot comment on ongoing investigations
— US Attorney Pirro (@USAttyPirro) March 5, 2026
However, when pressed about why three sources reportedly told the Times the case had been closed, the senior DOJ official declined to address the discrepancy.
The investigation has drawn in part on materials reviewed by the Republican-led House Committee on Oversight and …
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