DOJ continues Biden autopen investigation into pardons and commutations

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The Division of Justice ( DOJ ) is continuous its investigation into former President Joe Biden ’s use of an autopen within the ultimate months of his administration — specializing in pardons and commutations — although a senior official stated Biden himself is unlikely to face felony publicity.

A senior DOJ official informed Fox Information that the autopen investigation is ongoing and never closed, including that investigators are reviewing clemency actions taken within the ultimate months of the Biden administration.

The official additionally identified, nonetheless, that the usage of an autopen by a sitting president is "established legislation."

The difficulty below overview is whether or not the autopen was utilized in violation of the legislation — particularly, whether or not Biden personally accepted every title included on pardon and commutation lists.

A framed portrait exhibits former President Joe Biden's signature and an autopen alongside "The Presidential Stroll of Fame" exterior the Oval Workplace of the White Home. (Andrew Harnick/Getty Photos)

"Some of these instances are robust, govt privilege points come into play," the official stated.

What can be clear, the official indicated, is that the goal of any potential prosecution would unlikely be Biden.

"It’s laborious to think about how [Biden] might be criminally accountable for pardon energy," the senior DOJ official stated.

BIDEN’S AUTO-PEN PARDONS DISTURBED DOJ BRASS, DOCS SHOW, RAISING QUESTIONS WHETHER THEY ARE LEGALLY BINDING

The usage of the autopen by former President Joe Biden stays below investigation. (AP Picture)

The official famous that one cause the previous president can be unlikely to face expenses stems from a 2024 Supreme Courtroom ruling that initially concerned President Donald Trump , the present sitting president, however would additionally apply to Biden.

"We conclude that below our constitutional construction of separated powers, the character of Presidential energy requires {that a} former President have some immunity from felony prosecution for official acts throughout his tenure in workplace," the Supreme Courtroom dominated in Trump v. United States in 2024. "A minimum of with respect to the President’s train of his core constitutional powers, this immunity have to be absolute."

Sources aware of the matter informed Fox Information Digital that U.S. Legal professional Jeanine Pirro’s group continues to overview the Biden White Home’s reliance on an autopen, contradicting a current New York Occasions report that indicated the investigation had been paused.

DOJ SIGNALS IT’S STILL DIGGING INTO BIDEN AUTOPEN USE DESPITE REPORTS PROBE FIZZLED

<source media="(min-width: 768px) and (max-width: 1023px)" srcset="https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2026/01/672/378/trump-looks-southern-boulevard-dedication-ceremony-.jpg?ve=1&tl=1, https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2026/01/1344/756/trump-looks-southern-boulevard-dedication-ceremony-.jpg?ve=1&tl=1 2x" height="378" width="672"><source media="(min-width: 1024px) and (max-width: 1279px)" srcset="https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2026/01/931/523/trump-looks-southern-boulevard-dedication-ceremony-.jpg?ve=1&tl=1, https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2026/01/1862/1046/trump-looks-southern-boulevard-dedication-ceremony-.jpg?ve=1&tl=1 2x" height="523" width="931"> President Donald Trump has pushed for penalties tied to former President Joe Biden's alleged use of the autopen. (Julia Demaree Nikhinson/AP Picture)

Trump has pushed for penalties tied to the autopen controversy, alleging on social media that aides acted unlawfully in its use and elevating the prospect of perjury charges against Biden.

Biden has rejected these claims, saying in a press release final yr that he personally directed the choices in query.

"Let me be clear: I made the choices throughout my presidency," Biden stated. "I made the choices concerning the pardons, govt orders, laws and proclamations. Any suggestion that I did not is ridiculous and false."

The Home Oversight Committee has homed in on Biden’s clemency actions , together with 5 controversial pardons for members of the family within the ultimate days of his presidency, citing what it described as an absence of "contemporaneous documentation" confirming that Biden immediately ordered the pardons.

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The committee requested the DOJ to investigate "all of former President Biden’s govt actions, significantly clemency actions, to evaluate whether or not authorized motion have to be taken to void any action that the previous president didn't, in truth, take himself."