DOJ Abandons Biden Autopen Investigation Amid Legal Doubts

Justice Department Closes Probe into Biden’s Autopen Use

The U.S. Department of Justice has reportedly shelved an investigation into former President Joe Biden’s use of an autopen device to sign legislation, a decision that signals a significant setback for those seeking to scrutinize the former president’s actions. The probe, initiated under the Trump administration, faced considerable doubt from legal experts regarding the existence of any prosecutable offense. Sources briefed on the matter confirmed the closure to NBC News, indicating that the investigation will not proceed further.

Questions Over Legal Basis Hamper Investigation

At the heart of the Justice Department’s decision appears to be a fundamental lack of a clear criminal charge. Legal experts widely questioned the viability of any case against Biden for employing the autopen, a machine designed to replicate a signature. “What is even the charge here?” was a common refrain among legal observers, highlighting the difficulty in identifying a specific law that Biden may have violated by using the device. The department’s inability to articulate a concrete criminal offense ultimately proved insurmountable.

“So an investigation that I think most legal experts across the board would say, what is even the charge here is now closed, right? That should be the initial question that you’re looking into it when you’re starting an investigation. What criminal charge are we looking at here? And they couldn’t really answer that question.”

The assessment by the Justice Department is that the use of an autopen, in itself, does not constitute a violation of the law. This conclusion aligns with the understanding that such devices are administrative tools, often used for efficiency in signing numerous documents. Despite discussions with individuals within the “Biden world” concerning the matter, the investigation failed to materialize into a formal accusation or presentable case.

Trump’s Persistent Criticism of Autopen Use

The closure of the investigation comes at a politically charged moment, particularly given former President Donald Trump’s repeated criticisms of Biden’s autopen usage. Trump has frequently lambasted his predecessor over the practice, often referencing images of the autopen in the White House and framing it as a sign of misconduct. While Trump may continue to voice his objections publicly, the Justice Department’s decision means these criticisms will not translate into formal legal action from the federal prosecutor’s office.

The autopen, a machine that can produce facsimile signatures, has been used by various presidents, including Trump himself, for signing legislation and other official documents. The controversy surrounding Biden’s use of the device was largely amplified by political opponents seeking to cast doubt on the legitimacy of his actions. However, the lack of a discernible legal framework for such a prosecution has now led to the investigation’s demise.

Broader Context of DOJ Scrutiny

This development occurs in the wake of other high-profile Justice Department actions, including a recent attempt to indict six sitting members of Congress. That particular effort faced significant backlash, with many experts deeming the charges to be related to protected free speech. The shelving of the Biden autopen investigation, which did not even reach the stage of presenting evidence to a grand jury, suggests a cautious approach by the department in pursuing cases that lack clear legal standing or face substantial public and expert criticism.

The investigation was reportedly initiated by Ed Martin, who served as the “weaponization czar” and briefly as the U.S. Attorney in the District of Columbia. The closure is now being overseen by Jeanine Pirro, a former Fox News host with long-standing ties to Donald Trump, who is in charge of the department during this concluding phase. The timing and nature of the investigation’s end raise questions about the motivations behind its initiation and the department’s broader investigative priorities.

What’s Next for the Autopen Controversy?

While the Justice Department has closed its investigation, the political discourse surrounding President Biden’s use of the autopen is likely to persist. Former President Trump and his allies may continue to leverage this issue in their public commentary and campaign rhetoric. The decision by the DOJ underscores the critical threshold of establishing a viable criminal charge before initiating and pursuing an investigation, particularly in politically sensitive matters. Future scrutiny of executive actions will likely depend on the clarity of existing laws and the department’s interpretation of potential violations.

Source: Justice Department shelves investigation into Biden's use of autopen (YouTube)