Probe into alleged autopen misuse to continue — but Biden unlikely to face charges, source says​

Media reports that the U.S. Attorney’s office had ended the investigation into alleged misuse of the autopen by the former Biden administration are contradicted by a Fox News report.

Critics of the Biden administration have suggested that former President Joe Biden’s mental acuity deteriorated to the point that he would have no longer been able to properly authorize the use of the autopen at the end of his term.

‘These types of cases are tough. Executive privilege issues come into play.’

While the alleged misuse of the autopen has been investigated since June 2025, the New York Times reported Thursday that U.S. Attorney Jeanine Pirro had ended the effort. A CBS News report said two sources confirmed the decision to drop the criminal probe.

However, a senior Justice Dept. source familiar with the matter told Fox News that the investigation is ongoing, despite admitting that Biden is unlikely to be indicted on any charges.

“These types of cases are tough. Executive privilege issues come into play,” the official said.

“It’s hard to imagine how [Biden] could be criminally liable for pardon power,” the official added.

On Thursday, Pirro offered a brief statement on the report, saying, “We cannot comment on ongoing investigations.”

The former president has vehemently denied the allegations and defended the use of the autopen under his administration.

“Let me be clear: I made the decisions during my presidency,” Biden said in comments from June. “I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false.”

RELATED: Ted Cruz says Biden accidentally undermined his own defense of autopen scandal

A White House memorandum at the time called the “conspiracy” of the autopen “one of the most dangerous and concerning scandals in American history.”

In February, Pirro also reportedly dropped the effort to indict six Democrats who appeared in a video calling on military members to deny following “unlawful orders” from the administration. The president excoriated the Democrats over the video he called “seditious” and even warned that the punishment for treason is execution.

“It was sedition at the highest level, and sedition is a major crime. There can be no other interpretation of what they said!” he said at the time.

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