The Justice Department has postponed an investigation into former President Joe Biden’s use of an autopen, a person briefed on the matter told NBC News.
Justice Department parole attorney Ed Martin, a former “weapons” kingpin, opened the investigation while he was interim US attorney for the District of Columbia. It was reversed recently under Jeanine Pirro, the current US attorney, longtime Trump ally and Fox News host.
The New York Times first reported the news.
An impeachment case has never been brought before a grand jury, unlike a case Pirro’s office tried to bring last month against six members of Congress who participated in a social media video that urged members of the military and intelligence communities not to follow illegal orders.
It is difficult to bring a criminal case when there is not even a visible and effective criminal law, said a person briefed on the matter.
The White House has referred an investigation into the matter to the Department of Justice. A spokesperson for Pirro’s office, citing Justice Department policy, said the office does not confirm or deny that there is a criminal investigation.
President Donald Trump in June called for a wider investigation into Biden and his administration officials after he said Biden’s aides used “automated” signatures to cover up Biden’s “mental decline.”
The Republican-led House Oversight Committee investigated Biden’s use of the autopen, writing in an October report that some executive actions he signed with the autopen were “unlawful,” because he was suffering from dementia and may not have known the contents.
Trump, who has repeatedly said that Biden used the autopen on many of his orders, said in November that he was canceling executive orders signed using Biden’s autopen.
It is unclear how often Biden used the autopen, as there is no official government record of when it was used. In a statement in June, Biden responded to Trump’s allegations, saying, “Let me be clear: I made decisions when I was president.”
“I have taken decisions regarding amnesty, executive orders, legislation and announcements,” he said in a statement. “Any suggestion I didn’t make is stupid and false.”
Biden’s use of the autopen came under scrutiny as Trump ordered the Justice Department to investigate dozens of his political foes since returning to office.
The Justice Department tried to prosecute former FBI Director James Comey and New York Attorney General Letitia James. A federal judge dropped the criminal charges against both in November.
It also sent criminal subpoenas in January to various state and local government offices in Minnesota, including Gov. Tim Walz and Minneapolis Mayor Jacob Frey, allegedly conspired to obstruct law enforcement during their immigration operations there. No one has been charged, and legal experts have sharply criticized the investigation, which they say is based on weak laws and has a negative impact on free speech.
