Politics

Jeanine Pirro’s failure to indict Biden speaks to something bigger

Published

8 months ago

March 7, 2026

Tues. 7, 2026, 6:00 AM EST

It’s been a rough start to the year for the U.S. attorney’s office in Washington. Jeanine Pirrothe Fox News host turned top federal prosecutor, has endured a string of embarrassing setbacks since January. According to the most recent reports, Pirro’s office shelved its effort to indict former President Joe Biden for his use of an autopen to sign executive actions while in office. Her office reportedly couldn’t assemble anything even resembling a criminal case.

The autopen inquiry, such as it was, was just the latest collapsed effort from Pirro to punish President Donald Trump’s enemies. Her failures are a sign that even as the Justice Department has fallen under the White House’s control, the law still doesn’t automatically bend to his will. And Trump’s vendettas remain stalled out. The limits to his power have become a little clearer.

Her failures are a sign that even as the Justice Department has fallen under the White House’s control, the law still doesn’t automatically bend to his will.

As if in the market for a new conspiracy, some Republicans have attempted to make hay out of Biden’s autopen usage. In short, Trump and others have claimed without evidence that Biden aides essentially forged the former president’s signature on executive orders toward the end of his term. House Oversight Committee Chair James Comer, R-Ky., went so far as to claim last year that “Biden Autopen Presidency will go down as one of the biggest political scandals in U.S. history.” The supposed scandal has even become something of a meme within the Trump White House, as showcased on the recently installed so-called Wall of Fame where Trump replaced Biden’s portrait with an autopen.

Trump was anything but subtle about his demands that Biden be investigated for, well, something autopen-related. In June, he issued a memo to Attorney General Pam Bondi demanding the Justice Department investigate whether the autopen was part of a grand plot to hide the former president’s alleged cognitive decline. (Biden has denied Trump’s claims, saying last year in a statement, “Let me be clear: I made the decisions during my presidency.”)

The U.S. attorney for the District of Columbia has jurisdiction over federal crimes committed within Washington, making it an obvious choice of venue for this fishing expedition. Pirro’s predecessor, acting U.S. attorney Ed Martinopened an investigation into Biden last spring, according to The New York Timesand it continued after Pirro was confirmed to her role in August. But the probe reportedly suffered, the Times reports, because:

Investigators were never quite clear what crime, if any, had been committed by the Biden administration’s use of the autopen.

It was also unclear whether investigators should focus their attention on the actions of Mr. Biden’s aides or on Mr. Biden himself, given that the United States Supreme Court, in a landmark ruling in 2024, granted broad immunity to presidents for most acts undertaken as part of their official duties.

In recent months, prosecutors determined that despite Mr. Trump’s desire to seek vengeance against Mr. Biden and his aides, there was no credible case to bring, the people said. The prosecutors never brought a potential indictment before a grand jury.

It’s hard to tell whether the autopen case never making it to a grand jury makes it more or less of an embarrassment than other recent fiascos. Last month, federal prosecutors from Pirro’s office failed to persuade a grand jury to indict six Democratic members of Congress on charges of seditious conspiracy. Their alleged crime: filming a video in which lawmakers reminded members of the military and intelligence community that they have an obligation not to follow illegal orders. Speaking of those lawmakers and their video, Trump said in an interview last year that “in the old days, if you said a thing like that, that was punishable by death.” The grand jury’s refusal to indict, though, is a good sign its members disagree.

Pirro has managed at times to be a bit too gung-ho about working toward Trump’s implied goals. In January, Federal Reserve Board Chair Jerome Powell revealed that the Justice Department had opened an investigation into him over renovations to the independent agency’s Washington headquarters. Pirro approved the inquiry last fall, according to the Timeswhich prompted the normally staid Powell to go public after receiving a subpoena from her office. Trump denied any knowledge of the investigation, distancing himself from what Pirro might have hoped would win her praise.

It is for the best that Pirro’s efforts have languished. It is good that the justice system continues to rely on facts and evidence. But her failure to deliver on carrying out Trump’s vindictive agenda can’t overshadow the fact that she felt the need to try at all — and will likely try again.

Hayes Brown is a writer and editor for MS NOW. He focuses on politics and policymaking at the federal level, including Congress and the White House.

Politics

Josh Shapiro aims for a strong finish in a campaign with 2028 implications

Published

4 hours ago

October 30, 2026

Blue Light Newsroom

POCONO RACEWAY, Pennsylvania — High up in the starting stand of a famed race track, Josh Shapiro waves a black-and-white checkered flag with an unmistakeable meaning: It’s over.

The metaphor isn’t entirely accurate.

“We may have a lead, but you’re coming down this home stretch. People are nipping at your heels,” the Pennsylvania governor told Blue Light News. “You’ve got to run hard.”

Shapiro, the potential 2028 contender and 2024 veepstakes short-lister, does have reasons to be optimistic — and careful.

He’s threatening a double-digit blowout over Stacy Garrity, a candidate backed by President Donald Trump, in the most important swing state in the nation.

He’s also putting his coattails to the test.

None of the other potential 2028 Democratic candidates has more at stake in their own backyard on Tuesday than Shapiro. He doesn’t have California Gov. Gavin Newsom’s map-breaking Proposition 50, designed to beat back the GOP redistricting, nor his platinum email list. He doesn’t have Illinois Gov. JB Pritzker’s billions or Arizona Sen. Mark Kelly’s deep bench of donors or former Transportation Secretary Pete Buttigieg’s large map or the red-state credentials of Kentucky Gov. Andy Beshear.

Shapiro is on the brink of flipping four hotly contested congressional seats — and guaranteeing Democrats the House. Pennsylvania Democrats could also take control of the state Senate, including some heavily gerrymandered seats, giving the party a governing trifecta for the first time since 1992.

“I’m not thinking about this as a victory for me,” he told Blue Light News during a swing through the state. “I’m thinking about this as a victory for our country.”

All of which paves the way for him to pass a $15 minimum wage and a raft of other measures that could buttress a 2028 presidential bid.

Shapiro is very much following the Ron DeSantis theory of a presidential primary campaign: demonstrate dominance at home before branching out nationally — a strategy, it should be noted, that didn’t pay off for the Florida governor.

“I think what really hurt DeSantis was that he decided he wasn’t going to announce until after his legislative session, and that was May,” political strategist David Axelrod said. “Time is at a premium. If that’s his plan, that would be a miscalculation.”

Will we see him venture beyond Pennsylvania’s boundaries before the end of the year?

“I don’t know what my plans are,” Shapiro said.

The day had the feeling of both an ending of one campaign and the beginning of another. Even as he urged a midday audience of about 100 people to vote for Paige Cognetti, the Scranton mayor running against Rep. Rob Bresnahan, and Brian Wrightson, the state Senate candidate challenging Sen. Rosemary Brown, he is nationalizing his rhetoric.

“Don’t let Trump take away your hopefulness,” he told people gathered at East Stroudsburg University. “Don’t let him make you feel pessimistic. Don’t let him feel like change can’t come or that we have to look in the rearview mirror for answers. The answers are always straight ahead.”

Then there’s his set piece about the “American dream slipping away.”

He’s broadening out his message beyond the commonwealth.

“I think the work I do here in Pennsylvania, the confidence I give them about their government here can hopefully restore some of their faith in democracy, and I want in our democracy, and I want them to feel like they’ve got power to be able to shape the future of that American dream,” Shapiro told us.

A few hours later, Shapiro materializes inside Salerno’s, a tavern in Old Forge known for its American cheese-topped pizza. He sets a room in which patrons already have had a few too many Rolling Rocks and pumpkin martinis.

On the televisions, his own ad for Wrightson is playing on TV. He grips and grins and backslaps his way through the room.

At the end of the bar, he picks up five pizzas for the road, ducks out the door and boards his bus for another Cognetti rally.

Shapiro’s gubernatorial reelect isn’t drawing the buzz of some of the more razor’s-edge, online Senate races in the waning days of election season. But his project is no less remarkable.

“If we can win enough seats here in Pennsylvania to change the balance of power in Washington and be a check on Donald Trump, then we can both hold the president accountable and get stuff done in Washington,” Shapiro says. “Likewise, here in Pennsylvania, if we can win a trifecta for the first time since Bill Clinton’s election, I can raise wages almost immediately for tens of thousands of Pennsylvanians who are at or below minimum wage and raise wages for others. That’s a concrete thing that we can accomplish.”

At the raceway, he has just finished cutting a video racing around the Pocono Raceway’s Tricky Triangle when he flashes a grin.

“I’ve got a surprise for you,” he says, inviting Blue Light News to the starting stand above the storied three-turn NASCAR track in the Pocono foothills.

Up the stairs, the burnt-orange fall foliage dances on the Pennsylvania horizon. It’s a vantage point Shapiro, as a NASCAR fan, has taken in many times.

Despite the apt setting, he deflects when asked if he’s ready to announce the launch of his campaign.

“If this is a metaphor,” he says, “it’s for finishing the race strong.”

There is just one wrinkle: Before he brandished the black-and-white flag, he picked up a green one, waving it vigorously.

“I think you mis-saw that,” Shapiro said with a smile. “I was waving a checkered flag to finish the governor’s race.”

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