The U.S. Department of Justice is continuing to investigate whether former President Joe Biden personally approved all pardons and commutations issued during the final months of his presidency, amid questions about the use of an autopen to sign official documents.
According to a senior DOJ official, the investigation focuses on whether each clemency decision was directly authorized by Biden. While the use of an autopen by presidents is legally established, investigators are reviewing whether it was used properly in this case.
Despite the ongoing probe, officials say Biden is unlikely to face criminal liability. A U.S. Department of Justice source noted that a 2024 Supreme Court of the United States ruling in Trump v. United States affirmed that former presidents have strong immunity from prosecution for official actions taken while in office.
The investigation comes after scrutiny from lawmakers and criticism from Donald Trump, who alleged the autopen may have been used improperly. Biden has rejected the claims, stating that he personally made all the decisions regarding pardons and executive actions.