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DOJ continues Biden autopen probe despite former president unlikely to face charges

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DOJ continues Biden autopen probe despite former president unlikely to face charges

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The Department of Justice (DOJ) is continuing its investigation into former President Joe Biden’s use of an autopen in the final months of his administration — focusing on pardons and commutations — though a senior official said Biden is unlikely to face criminal exposure.

A senior DOJ official told Fox News the autopen investigation is ongoing and not closed, adding investigators are reviewing clemency actions taken in the final months of the Biden administration.

The official also pointed out, however, that the use of an autopen by a sitting president is “established law.”

The issue under review is whether the autopen was used in violation of the law, specifically, whether Biden personally approved each name included on pardon and commutation lists.

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A framed portrait shows former President Joe Biden’s signature and an autopen along “The Presidential Walk of Fame” outside the Oval Office of the White House.  (Andrew Harnick/Getty Images)

“These types of cases are tough. Executive privilege issues come into play,” the official said.

What is also clear, the official indicated, is that the target of any potential prosecution would not likely be Biden.

“It’s hard to imagine how [Biden] could be criminally liable for pardon power,” the senior DOJ official said.

BIDEN’S AUTOPEN PARDONS DISTURBED DOJ BRASS, DOCS SHOW, RAISING QUESTIONS WHETHER THEY ARE LEGALLY BINDING

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The use of the autopen by former President Joe Biden remains under investigation. (AP Photo)

The official noted that one reason the former president would be unlikely to face charges stems from a 2024 Supreme Court ruling that originally involved current President Donald Trump but would also apply to Biden.

“We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office,” the Supreme Court ruled in Trump v. United States in 2024. 

“At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute.”

Sources familiar with the matter told Fox News Digital that U.S. Attorney Jeanine Pirro’s team continues to review the Biden White House’s reliance on an autopen, contradicting a recent New York Times report that indicated the investigation had been paused.

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DOJ SIGNALS IT’S STILL DIGGING INTO BIDEN AUTOPEN USE DESPITE REPORTS PROBE FIZZLED

President Donald Trump has pushed for consequences for former President Joe Biden’s alleged use of the autopen. (Julia Demaree Nikhinson/AP Photo)

Trump has pushed for consequences over the autopen controversy, alleging on social media that aides acted unlawfully in its use and raising the prospect of perjury charges against Biden.

Biden has rejected those claims, saying in a statement last year he personally directed the decisions in question.

“Let me be clear: I made the decisions during my presidency,” Biden said. “I made the decisions about the pardons, executive orders, legislation and proclamations. Any suggestion that I didn’t is ridiculous and false.”

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The House Oversight Committee has homed in on Biden’s clemency actions, including five controversial pardons for family members in the final days of his presidency, citing what it described as a lack of “contemporaneous documentation” confirming that Biden directly ordered the pardons.

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The committee asked the DOJ to investigate “all of former President Biden’s executive actions, particularly clemency actions, to assess whether legal action must be taken to void any action that the former president did not, in fact, take himself.”

Fox News Digital’s Ashley Oliver contributed to this report.

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China-linked birth tourism under scrutiny as GOP lawmakers press Trump admin for answers

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China-linked birth tourism under scrutiny as GOP lawmakers press Trump admin for answers

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FIRST ON FOX: House Republicans are pressing the Trump administration for answers over whether China is exploiting U.S. birthright citizenship and visa programs in a U.S. territory to secure long-term influence inside the United States.

In a letter sent Monday to outgoing Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio and Interior Secretary Doug Burgum, Reps. Chip Roy, R-Texas, and Tom Tiffany, R-Wis., and 32 other GOP members raise concerns that so-called “birth tourism” and visa-waiver policies in the Commonwealth of the Northern Mariana Islands could be leveraged by Chinese nationals in ways that present national security risks.

Noem will leave her position at the Department of Homeland Security at the end of the month.

“American citizenship is a sacred trust—not a loophole to be exploited. When foreign adversaries like the Chinese Communist Party can leverage birth tourism and visa-less programs to gain influence within our borders, we must restore integrity to our immigration system and defend the sovereignty of our Republic,” Roy said.

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Tiffany argued that “Communist China has exploited ‘birth tourism’ by sending women to the Northern Mariana Islands solely to give birth and secure U.S. citizenship for their children,” adding that “It is time to close this loophole, end the abuse, and protect our national security.”

TRUMP SAYS SUPREME COURT RULING AGAINST BIRTHRIGHT CITIZENSHIP ORDER WOULD BENEFIT CHINA

House Republicans are pressing the Trump administration for answers over whether China is exploiting U.S. birthright citizenship and visa programs in a U.S. territory to secure long-term influence inside the United States. (GemStocks/Getty Images )

The Northern Mariana Islands is a U.S. territory in the Pacific, and like births in any U.S. state, children born there are granted American citizenship under the 14th Amendment, even though the territory operates under certain distinct immigration rules.

The lawmakers cite reports estimating that between 750,000 and 1.5 million Chinese nationals have obtained U.S. citizenship through birthright policies and birth tourism, though federal agencies have not publicly confirmed those figures. In their letter, Roy and Tiffany ask the Departments of Homeland Security, State and Interior to provide data on how many children have been born since 2009 to at least one Chinese national parent, how many have reached voting age, and how many are registered to vote in the United States. 

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They also ask whether any such individuals have documented ties to the Chinese Communist Party and request entry figures for Chinese nationals under Northern Mariana-specific immigration programs. 

Under the 14th Amendment, individuals born on U.S. soil are generally granted citizenship at birth. The debate has centered on whether foreign nationals travel to the United States specifically to give birth so their children will obtain citizenship — a practice commonly referred to as birth tourism.

Federal prosecutors in recent years have brought criminal cases against operators of birth tourism businesses, particularly in California, where organizers were convicted of visa fraud and conspiracy for helping foreign nationals misrepresent their travel intentions in order to give birth in the United States.

The Northern Mariana Islands have long operated under distinct immigration frameworks. In 2009, the Obama administration implemented a categorical parole program allowing certain Chinese nationals to enter without obtaining a traditional U.S. tourist visa. The Biden administration in 2024 finalized a rule creating the  Economic Vitality & Security Travel Authorization Program (EVS-TAP) for the Northern Mariana Islands, which allows certain Chinese nationals to enter the territory visa-free for short stays.

In a letter sent to Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio and Interior Secretary Doug Burgum, Reps. Chip Roy, R-Texas, and Tom Tiffany, R-Wis., and 32 other GOP members raise concerns that so-called “birth tourism” and visa-waiver policies in the Commonwealth of the Northern Mariana Islands (CNMI) could be leveraged by Chinese nationals in ways that present national security risks. (Kevin Dietsch/Getty Images)

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Tiffany argued that “Communist China has exploited ‘birth tourism’ by sending women to the Northern Mariana Islands solely to give birth and secure U.S. citizenship for their children,” adding that “It is time to close this loophole, end the abuse, and protect our national security.” (AP Photo/Scott Bauer)

The lawmakers argue those policies created incentives for birth tourism in Saipan, the capital of the islands, pointing to reports that births to foreign visitors increased sharply after the 2009 changes.

NOEM BACKS SAVE AMERICA ACT, SLAMS ‘RADICAL LEFT’ OPPOSITION TO VOTER IDS AND PROOF OF CITIZENSHIP

They warn that once U.S.-born children turn 21, they can petition for lawful permanent resident status for their parents, potentially opening additional immigration pathways.

While the letter raises concerns that such individuals could eventually participate in U.S. elections, it does not cite evidence that large numbers are currently registered to vote or that the Chinese government has directed birth tourism as a coordinated strategy.

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The Departments of Homeland Security and Interior did not immediately respond to Fox News Digital’s requests for comment. The State Department referred back to the Department of Homeland Security. 

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The letter comes amid heightened tensions between Washington and Beijing, with U.S. officials repeatedly warning about Chinese influence operations, intellectual property theft and espionage efforts targeting American institutions.

Roy and Tiffany urged the administration to end any parole or visa-waiver programs extended to Chinese nationals in the Northern Mariana Islands and to provide a full accounting of the scope of birth tourism involving PRC nationals.

The Chinese embassy could not immediately be reached for comment. 

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CBS News’ Justice Department correspondent Scott MacFarlane exits network

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CBS News’ Justice Department correspondent Scott MacFarlane exits network

Scott MacFarlane, a high-profile hire for CBS News five years ago, announced Monday he is leaving the network.

MacFarlane told colleagues in an email that the departure is his decision.

“I will always value the opportunity I had to work alongside the talented and committed professionals here,” MacFarlane said. “I’m proud to have had the words ‘CBS correspondent’ next to my name and always will be.”

MacFarlane added that he looks forward to “some independence and finding new spaces to share my work in line with my personal goals.”

MacFarlane is the first significant name to depart CBS News since parent company Paramount won its bid to acquire Warner Bros. Discovery on Feb. 27. CBS News is likely to be combined with Warner Bros. Discovery’s CNN if the deal gets regulatory approval.

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Journalists at CBS News have also been concerned over the moves by Bari Weiss, the contrarian opinion writer and founder of the digital news site the Free Press who was brought in as editor in chief of the division. Weiss was recruited by Paramount Chief Executive David Ellison with a mandate to move CBS News to the political center.

Weiss is expected to make significant changes to “60 Minutes” and other CBS News programs in the coming months.

Executives at other TV news organizations say privately that they are seeing a heavy influx of resumes from CBS News journalists due to the upheaval at the company.

MacFarlane covered Congress and the Justice Department. CBS viewers saw him featured during extended network coverage of the State of the Union addresses and election nights.

MacFarlane was in Butler, Pa., during the assassination attempt of President Trump in July 2024. He reported the first accounts of the shooting scene and emergency responses moments after the shots were fired.

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Before arriving at CBS News, MacFarlane served for eight years as an investigative reporter for WRC-TV, the NBC station in Washington, D.C.

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Before-and-after satellite imagery offers a rare look at damage inside Iran

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Before-and-after satellite imagery offers a rare look at damage inside Iran

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Fresh satellite images give a rare aerial view of the damage across Iran after U.S.-Israeli strikes and what Tehran’s retaliation left behind across the region.

Planet Labs satellite imagery captured burning ships and damaged facilities at the Konarak base in southern Iran, as well as significant destruction at Iran’s naval headquarters in Bandar Abbas on the Persian Gulf, reflecting the scale of the strikes on military infrastructure.

Satellite imagery from Planet Labs shows damage at Konarak naval base in southern Iran, left, and Iran’s Bandar Abbas naval headquarters in the Persian Gulf, right. (Planet Labs PBC)

Imagery from Vantor shows damage to facilities and vessels located in Iran’s Bushehr port in the Persian Gulf.

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In addition to naval assets, satellite photos show a bunker at Bushehr air base hit by a strike, leaving a large crater and destroying several nearby small buildings.

More strikes targeted the Choqa Balk drone facility in western Iran.

Radar systems at the Zahedan air base in eastern Iran — near the country’s borders with Pakistan and Afghanistan — were also struck.

The two facilities are about 800 to 900 miles apart, underscoring the broad reach of the coordinated strikes.

Satellite imagery also reveals damage to aircraft on the tarmac at Shiraz air base, including scorch marks and debris around several parking areas.

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Side-by-side photos showing damage to aircraft at Shiraz air base in Shiraz, Iran on March 6, 2026. (Vantor/Maxar/Getty Images)

Satellite imagery from Planet Labs shows thick smoke plumes rising above Tehran, signaling explosions and fires inside the Iranian capital.

The smoke underscores how the conflict has moved beyond isolated military sites and into the heart of Iran’s political center.

THE UNLIKELY TOOL TRUMP IS EYEING TO TACKLE RISING OIL PRICES AMID THE IRAN CONFLICT

A satellite image from Planet Labs shows a plume of smoke above Tehran, Iran, on March 1, 2026. (Planet Labs PBC)

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Iran has since responded with missile and drone strikes of its own, expanding the conflict across the region. 

Satellite images reveal damage to the port city of Sharjah in the United Arab Emirates. Sharjah is the third most populous after Dubai and Abu Dhabi.

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The Jebel Ali Port, the region’s largest maritime hub, was also targeted, underscoring how the retaliation extended beyond military sites to key infrastructure.

The new satellite imagery comes on the heels of U.S.-Israeli strikes that killed Iran’s supreme leader, Ayatollah Ali Khamenei, and several top members of the regime, triggering a succession crisis.

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President Donald Trump warned on Sunday that Iran’s new leader is “not going to last long” without U.S. approval as Operation Epic Fury marches into a third week. 

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