The Department of Justice has determined that no criminal charges will be brought against President Joe Biden or his senior staff regarding their use of an autopen device to sign official documents. This decision comes after former President Donald Trump repeatedly accused Biden of illegal conduct, specifically targeting the autopen's role in approving presidential pardons and commutations.
Trump's Allegations and the DOJ's Response
Former President Donald Trump has frequently derided President Joe Biden as the 'autopen,' insinuating that Biden's cognitive state prevents him from personally signing documents. Trump asserted that Biden and his advisers violated the law by employing the mechanical signing device, particularly for end-of-term pardons. In a presidential memo released in June, Trump described the situation as 'one of the most dangerous and concerning scandals in American history.'
However, according to a report from The New York Times, Attorney General Pam Bondi's team at the Department of Justice found itself unable to construct a viable criminal case. The investigation was overseen by the office of Jeanine Pirro, the former Fox News host appointed by Trump as US Attorney for the District of Columbia. Veteran prosecutors within the department expressed significant reservations about pursuing legal action.
Legal and Practical Hurdles
Investigators encountered multiple obstacles. Primarily, they could not identify any specific law that the Biden White House had broken through its use of the autopen. Autopens are a standard tool in presidential administrations, routinely used to manage the immense volume of correspondence requiring a signature.
Furthermore, prosecutors questioned whether President Biden himself could even be prosecuted, given a Supreme Court ruling related to Trump that affirmed broad presidential immunity from criminal liability for official acts. Even pursuing charges against Biden's aides was deemed unfeasible; the case never progressed to a grand jury for consideration.
This outcome mirrors another failed legal effort by Pirro's team, which sought to indict six Democratic lawmakers for encouraging servicemembers to disobey unlawful orders. A grand jury rejected that indictment, setting a precedent that made action against Biden's team even less likely.
Biden's Rebuttal and the Political Context
President Biden has forcefully rejected Trump's claims. In a July interview, Biden stated that he orally approved every pardon and commutation issued at the conclusion of his term. He labeled Trump and his MAGA supporters 'liars' and explained the autopen was a practical necessity, saying, 'we're talking about a whole lot of people.' Biden emphasized, 'I made every decision.'
Trump's campaign to legally target his political rivals follows his own complaints during the 2024 election about the 'weaponization' of the Department of Justice. After returning to the presidency in January 2025, Trump has demanded investigations into numerous figures, including former FBI Director James Comey, New York Attorney General Letitia James, former National Security Advisor John Bolton, and former special counsel Jack Smith.
A Symbolic Gesture
Undeterred by the DOJ's decision, Trump has continued his efforts to cement the 'autopen' nickname. In a pointed symbolic move in September, he inaugurated a 'Presidential Walk of Fame' on the White House's West Colonnade. Rather than displaying a portrait of President Joe Biden, Trump hung a photograph of an autopen device in the space reserved for his predecessor.
This episode underscores the deep political divisions and the ongoing conflict between the current and former presidents, even as official legal channels have declined to validate the central allegations.
