Is there an official DOJ or congressional probe into Elizabeth Warren's use of an auto-pen?

Checked on December 6, 2025
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Executive summary

There is an active House Republican investigation into the Biden-era use of an autopen led by Oversight Chair James Comer; that probe focuses on whether aides used the device to sign documents and whether President Biden personally authorized those uses [1] [2]. Multiple conservative and right-leaning outlets report incendiary claims from Trump administration official David Sacks that Sen. Elizabeth Warren “controlled” or “used” Biden’s autopen, but mainstream reporting shows those allegations come from Sacks’s comments and have not been corroborated by independent evidence in the available reporting [2] [3] [4].

1. What investigators are officially probing — and who is running it

House Oversight Committee Chairman James Comer has opened an investigation into whether President Biden personally approved last-minute executive actions and pardons that critics say bear a mechanical signature produced by an autopen; Comer’s office has contacted several former Biden aides and signaled readiness to subpoena if they do not cooperate [1]. Reporting frames the investigation as focused on whether the autopen was used with presidential authorization and as a means to question Biden’s cognitive fitness, rather than as a targeted inquiry into any single outside senator [1] [2].

2. Where the Elizabeth Warren allegation originated and what reporters actually documented

The claim that Sen. Elizabeth Warren “controlled” Biden’s autopen originates with David Sacks, the White House “AI and Crypto Czar” in the Trump administration, who made the allegation on television and social platforms and later offered narrower clarifications tying his comment to crypto policy [2] [4]. Conservative and opinion outlets picked up Sacks’s statements and echoed the allegation [3] [5], but the Washington Examiner and other mainstream outlets note it remains unclear whether Sacks meant the charge literally or figuratively and that reporters have not independently corroborated control of the autopen by Warren [2].

3. What mainstream investigations and the DOJ have actually done so far

Available reporting documents a congressional probe by House Republicans into autopen use [1] [2] and media accounts that the Justice Department has opened an inquiry into staff use of the device as part of concerns over last-minute pardons [6] [7]. Those DOJ and congressional inquiries, as reported, are aimed at determining whether aides improperly used the device or acted without proper presidential authorization; the sources do not say DOJ is investigating Senator Warren specifically [6] [7] [1].

4. How political actors are using the allegation — agendas and amplification

The Warren-autopen charge has been amplified primarily by Trump-aligned officials, conservative outlets and partisan social posts seeking to tie Biden-era policy decisions to an alleged “shadow” operator and to discredit Warren [3] [6] [4]. Some viral social posts call for criminal penalties; others present Sacks’s comments without independent corroboration [4] [8]. These actors have clear partisan motives to expand a narrow claim into a broader scandal; mainstream outlets that covered the allegation treated it as an unproven accusation from an interested partisan source [2] [9].

5. What’s not established in the available reporting

Available sources do not show documentary, forensic, or witness evidence that Elizabeth Warren ever had operational control of the Presidential autopen or that DOJ has opened an investigation into Warren herself. Major outlets reporting the allegation emphasize it stems from Sacks’s public comments and that independent confirmation is lacking [2] [4]. If you are looking for proof beyond the source’s own assertion, that proof is not present in the reporting cited here.

6. Competing narratives and how to read them

One narrative: Republican investigators and Trump allies argue autopen use raises constitutional and criminal questions about who actually authorized executive acts, and they point to aides and alleged operators for scrutiny [1] [2]. The competing view, reflected in more skeptical mainstream reporting, treats Sacks’s Warren allegation as an unverified partisan claim and notes that autopens have long been used in government and that accusations should be supported with evidence before equating them to criminality [2] [10]. Readers should weigh the source: Sacks is a partisan official with an axe to grind on crypto and prior administrations, and outlets pushing the claim are often partisan [3] [6].

7. Bottom line and what to watch next

Congressional Oversight is actively investigating autopen use and has threatened subpoenas to former Biden aides [1]. The specific allegation that Elizabeth Warren “controlled” or used Biden’s autopen rests on David Sacks’s statements and has not been corroborated in the reporting at hand [2] [4]. Future credible developments to watch for are: documented evidence from subpoenaed aides, DOJ statements specifying targets, or release of chain-of-custody and access records for the autopen; none of those items appear in the available sources now [1] [7].

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