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re: Can any decent attorney (not AggieHank or SFP) give opinion on autopen

Posted on 3/10/25 at 12:22 pm to
Posted by BBONDS25
Member since Mar 2008
56847 posts
Posted on 3/10/25 at 12:22 pm to
quote:

2) capacity


Therein lies your problem.
Posted by AnotherWin4LSU
Member since Jun 2023
395 posts
Posted on 3/10/25 at 12:22 pm to
quote:

Docusign is 100% legally binding.

I’ve bought and sold houses that way.


As others have said docusign is not the same thing as the product that the White House uses.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465983 posts
Posted on 3/10/25 at 12:23 pm to
quote:

I find it interesting that in this discussion, the folks who swear nothing untoward was going on take the position that "Biden's cabinet never invoked the 25A against him, so everything bearing that e-signature should be seen as legit."

You're strawmanning the frick out of this.

That's not the argument being made.

quote:

The issue is the Constitution.

To argue the autopen signatures are invalid, you'll be arguing a Constitutional violation, which will be difficult when there is a set remedy in the document for such an issue (the 25th Amendment).


That's the argument.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/10/25 at 12:25 pm to
quote:

quote:

2) capacity
Therein lies your problem.
It is a significant issue, no doubt.

But I think that all three issues play a role here.

If there was a lack of capacity, the 25th seems to be the exclusive remedy ... which is a problem in trying to void any of Biden's actions.

OTOH, if there WAS "capacity," but no "authorization" (IOW, a de facto "forgery"), you have a completely different can of worms, and the 25th does not seem to be implicated in any way.

"What happens if someone forges the signature of POTUS on a bill" is a VERY different question, versus "POTUS was NCM and could not legally do anything enforceable."

Just my 2-cents.
This post was edited on 3/10/25 at 12:28 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112536 posts
Posted on 3/10/25 at 12:26 pm to
quote:

I find it interesting that in this discussion, the folks who swear nothing untoward was going on take the position that "Biden's cabinet never invoked the 25A against him, so everything bearing that e-signature should be seen as legit."

Like it's incumbent on a band of usurpers to self-report when the conductor of their gravy train is non compos mentis, drawing attention to what they would/did otherwise get away with unnoticed when they simply kept up the ruse.


That's why the real question is whether Biden was involved at all?

You can have an insane (or dementia-ridden) president sign EOs and bills into law. If the 25th is invoked, that would only preclude future actions - there is no guidance as to whether it would invalidate his actions prior to the 25th being triggered.
This post was edited on 3/10/25 at 12:26 pm
Posted by Nosevens
Member since Apr 2019
17156 posts
Posted on 3/10/25 at 12:34 pm to
E signatures or auto pen signatures both require that the signature is that of the authorized person doing it., unless someone else has the legal authority to do so is fraudulent. The questions surrounding Biden is was someone else doing it. Considering his shown capacity levels and many instances of denial of his doing something to the contrary then obvious questionable behavior needs challenged
Posted by ShoeBang
Member since May 2012
21815 posts
Posted on 3/10/25 at 12:36 pm to
RA’d for shitty attourneying
Posted by CC
Galveztown
Member since Feb 2004
15143 posts
Posted on 3/10/25 at 12:36 pm to
Any bill or legislation has to be hand signed. Autopen is for Chrismas cards and political correspondence.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
80008 posts
Posted on 3/10/25 at 12:39 pm to
Biden would have to confess that he did not sign nor authorize the autopen signatures.


Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75199 posts
Posted on 3/10/25 at 12:40 pm to
Could this be part of the reason that Hunter/Jill played ball?

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Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/10/25 at 12:40 pm to
quote:

Any bill or legislation has to be hand signed. Autopen is for Chrismas cards and political correspondence.
Do you have any governing authority for this assertion ... or just blowing smoke?

Because a 2005 AG Opinion disagrees with you.

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/LINK
This post was edited on 3/10/25 at 12:45 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112536 posts
Posted on 3/10/25 at 12:41 pm to
quote:

Could this be part of the reason that Hunter/Jill played ball?


No question.

Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75199 posts
Posted on 3/10/25 at 12:46 pm to
This is the first thing I thought of when this investigation was launched:

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Posted by alphaandomega
Tuscaloosa-Here to Serve
Member since Aug 2012
16674 posts
Posted on 3/10/25 at 12:54 pm to
If this is in regards to Biden using one, the problem I see is if someone else used it to forge Bidens signature to EO's or pardons.
Posted by LegendInMyMind
Member since Apr 2019
71626 posts
Posted on 3/10/25 at 12:54 pm to
What I find interesting is that all this talk stems from that original Heritage Foundation investigative piece that alleges to have found that the only document Biden actually signed himself was the paperwork that pulled him from the presidential election.

That simply isn't true in anyone's reality.
This post was edited on 3/10/25 at 1:04 pm
Posted by Penrod
Member since Jan 2011
52111 posts
Posted on 3/10/25 at 12:57 pm to
quote:

Can you read? I said decent attorney and not you.

He gave the best answer.
Posted by moneyg
Member since Jun 2006
62021 posts
Posted on 3/10/25 at 12:58 pm to
quote:

See, moneyg? This is why the 25th is going to end up being in the conversation.



I didn't say it wasn't going to be in the conversation.

You jumped to it and declared this entire discussion moot because the constitution gave the 25th as a remedy.

Feel free to change your position.
Posted by RohanGonzales
Member since Apr 2024
8199 posts
Posted on 3/10/25 at 12:59 pm to
quote:

Because a 2005 AG Opinion disagrees with you.


So those get tacked right onto the end of the Constitution?

Did that opinion have anything to say about WHO was operating the autopen?

Do you believe that biden rationally decid3ed to sign everything he signed?
Posted by Zgeo
Baja Oklahoma
Member since Jul 2021
3119 posts
Posted on 3/10/25 at 1:00 pm to
DOJ certified that Joe was not competent for legal issues.

So everything Joe “signed” is null and void
Posted by dafif
Member since Jan 2019
7904 posts
Posted on 3/10/25 at 1:00 pm to
quote:

Again, I don't work in Biglaw, but legal secretaries and paralegals "click the button" quite routinely, as far as I know. There are lawyers who work in bigger offices who can clarify this.


There are a few issues at play here

As for focusing and basically any electronic signature - any time a lawyer has an electronic signature he is signing as an officer of the court and is subject to sanctions

As for docusign as others said they have their own protections and valid

The question I see is if any executive order is even allowed to be signed electronically since it does not appear to be authorized by any law or other order and did he do it or authorize it or even know it was being done.

I think ugly theater would be must watch tv and bring biden in to explain these orders on live tv and why he signed
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