The Justice Department has shelved its investigation into former President Joe Biden's use of an autopen to sign official documents, including pardons, after prosecutors could not identify a relevant criminal statute.

A person briefed on the matter told NBC News that the probe, demanded by President Donald Trump, wound down recently under U.S. Attorney Jeanine Pirro for the District of Columbia and was never presented to a grand jury. It was opened last year by Ed Martin, then-interim U.S. attorney for the District of Columbia and a former "weaponization" czar at the Justice Department, while serving as pardon attorney.

Trump has repeatedly alleged that Biden's aides used the autopen, a mechanical device that replicates a signature, to conceal the former president's cognitive decline and sign documents without his knowledge. In November 2025, Trump announced he was canceling executive orders purportedly signed by Biden using the autopen.

The controversy gained traction following a Republican-led House Oversight Committee report released on October 28, 2025. The report, titled "The Biden Autopen Presidency," accused Biden's top aides of covering up his mental and physical decline and using the autopen for unauthorized executive actions, including pardons for family members and others in his final days in office. Committee Chairman James Comer, R-Ky., referred the matter to Attorney General Pam Bondi for a comprehensive review and scrutiny of aides like Dr. Kevin O'Connor, Annie Tomasini, and Anthony Bernal, who invoked the Fifth Amendment during the probe.

Autopens have been a standard tool for presidents for decades to handle high volumes of correspondence, and a 2005 Justice Department opinion affirmed their legitimacy. There is no official record tracking their use on specific documents. Prosecutors concluded no laws were violated and noted Supreme Court rulings on presidential immunity would likely protect Biden from charges, while a case against aides lacked merit.

In June 2025, Biden responded to Trump's initial claims, stating, "Let me be clear: I made the decisions during my presidency. I made the decisions about the pardons, executive orders, legislation, and proclamations. Any suggestion that I didn’t is ridiculous and false."

A spokesperson for Pirro's office declined to confirm or deny the existence of any investigation, citing department policy. The White House referred questions to the Justice Department.

The decision marks another instance where Trump-directed probes into perceived political adversaries have faltered. Similar efforts targeting former FBI Director James Comey and New York Attorney General Letitia James were dismissed by a federal judge in November 2025.