DOJ Drops Autopen Probe Against Biden, Marking Another Setback for Trump
DOJ Drops Autopen Probe, Another Trump Setback

Justice Department Abandons Autopen Investigation Into Biden Administration

The United States Department of Justice has reportedly dropped its prospective case concerning the Biden administration's use of an autopen device, delivering another significant setback to President Donald Trump's efforts to launch federal investigations against his political opponents. According to The New York Times, citing three unnamed sources briefed on the matter, veteran prosecutors were deeply skeptical of the case from its inception in 2025 and remained uncertain about what specific crime former President Joe Biden or his aides could potentially be charged with committing.

Trump's Allegations and the Constitutional Context

President Trump and his Republican allies have long alleged that the use of an autopen—a machine that replicates a signature—was part of a deliberate cover-up intended to conceal his predecessor's cognitive decline. These claims have been central to Trump's broader narrative, with the president repeatedly asserting that Biden's actions, including last-minute pardons for family members such as his son Hunter Biden, are legally void due to the autopen allegations.

However, legal scholars have pointed out that the United States Constitution does not explicitly require pardons to be in writing or directly signed by the president, undermining the foundation of these accusations. Furthermore, a Republican-led House report released in October conceded that "not one of the Committee's 14 witnesses" admitted to having concerns about President Biden being in cognitive decline, despite labeling the autopen allegations as among the "greatest scandals" in American presidential history.

Broader Pattern of Investigative Failures

This abandoned investigation represents the latest in a series of high-profile cases championed by President Trump that have failed to result in criminal charges. Last month, the U.S. attorney's office in Washington, which was also handling the autopen probe, reportedly failed to secure a grand jury indictment against a group of Democratic lawmakers. These lawmakers were targeted by Trump for participating in a 2025 video that urged military members to resist illegal orders.

The office, led by Trump ally and former Fox News host Jeanine Pirro, allegedly pushed investigators to rapidly seek an indictment in the video case, even though discussions with lawyers were still in early stages. Pirro also appointed two attorneys with minimal experience in federal prosecution to assist with the case. A former prosecutor from the U.S. attorney's office described Pirro's failure to win a grand jury indictment—a rarity in federal court—as a major shock, telling Politico that "the rules are skewed so heavily in favor of the prosecutor that it's almost comical."

Additional Challenges and Resignations

In Minnesota, the administration's handling of an investigation into an ICE agent fatally shooting Renee Good in Minneapolis in January has prompted multiple federal prosecutors to resign, highlighting further internal turmoil. Moreover, the Justice Department has so far been unsuccessful in winning high-profile cases against other Trump critics, including former FBI Director James Comey and New York Attorney General Letitia James.

President Biden has consistently maintained that he "made every decision" under scrutiny by his critics, noting that autopen devices are commonly used by government officials for signing documents. In a symbolic move, Trump has replaced President Biden's portrait with a photo of an autopen on a recently erected presidential "Walk of Fame" in a White House hallway, underscoring the ongoing political tensions surrounding this issue.