Fox News reports that the Justice Department’s probe into the use of an autopen for Biden’s pardons is still ongoing, despite earlier claims by The New York Times, CBS, and NBC that the case had been dropped.
By yourNEWS Media Newsroom
WASHINGTON—Fox News reported Thursday that the Justice Department’s investigation into the Biden administration’s use of an autopen for presidential pardons and executive actions is still active, directly contradicting earlier reports from The New York Times, CBS News, and NBC News that prosecutors had closed the case.Multiple sources told Fox News 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.
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.
While Joe Biden himself is not the target of the investigation, sources confirm that the DOJ is continuing to examine whether Biden aides unlawfully used the autopen to issue clemency and other executive actions without the president’s direct approval.
Contradicting Earlier Reports
On Wednesday, The New York Times and other outlets reported that prosecutors in U.S. Attorney Jeanine Pirro’s office had dropped the criminal case into the autopen controversy. However, Fox News has since clarified that the investigation remains ongoing, with a senior DOJ official stating that it is “hard to imagine how [Biden] could be criminally liable for pardon power,” given its broad constitutional authority.
The Autopen Scandal Unfolds
The controversy first erupted when the Oversight Project uncovered thousands of clemency actions and executive orders signed with an autopen—a mechanical device used to replicate signatures—rather than Biden’s wet signature. Their analysis revealed that multiple autopen signatures (dubbed “Autopen A” and “Autopen B”) were used for pardons, commutations, and proclamations, raising questions about authenticity and presidential authorization.
In a March 2025 tweet, the Oversight Project highlighted that pardons for Biden family members, Anthony Fauci, General Mark Milley, and others bore the same autopen signature. Later, they discovered a third autopen signature in use since the first week of Biden’s presidency.
Emails Reveal Aides’ Role
A New York Times review of emails obtained from the National Archives showed that Biden’s staffers—including Neera Tanden, Jeff Zients, and Stephanie Feldman—made decisions to use the autopen without direct confirmation from the president. In some cases, Biden did not approve individual names on pardon lists, and aides proceeded with the autopen even after revisions were made—bypassing his final sign-off.
DOJ’s Next Steps
While the legal boundaries of autopen use remain unclear, the DOJ’s ongoing probe suggests that Biden’s aides—not the president—could face legal consequences if prosecutors determine that the device was used improperly or without proper authorization.
As the investigation continues, the political and legal implications of the autopen scandal remain a growing concern, with critics arguing that it raises serious questions about transparency and the rule of law in the Biden administration.
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