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

Posted on 3/10/25 at 1:04 pm to
Posted by CC
Galveztown
Member since Feb 2004
15141 posts
Posted on 3/10/25 at 1:04 pm to
Did Biden sign such an order? Seems that woild be an easy one to prove if so.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/10/25 at 1:07 pm to
quote:

quote:

Because a 2005 AG Opinion disagrees with you.
So those get tacked right onto the end of the Constitution?
An AG Opinion is not dispositive by any means, but they are considered to be fairly persuasive.
quote:

Did that opinion have anything to say about WHO was operating the autopen?
No. I cite it in specific response to the poster who asserted that autopens signature on legislation is automatically invalid. Earlier in the thread, I addressed the question of "authorization" in some detail.
Posted by JimEverett
Member since May 2020
1944 posts
Posted on 3/10/25 at 1:08 pm to
We do not know. But, it is difficult to see a Court ruling that a Presidential signature through autopen, or anything else, is invalid. Surrogate signing apparently is fine, as well. So even if it could be shown that Biden had nothing to do with the autopen it still would not rise to the level of even considering that the signature is invalid.

What would be necessary, at a minimum, would be that Biden was not informed and/or never gave his consent. Not sure that would even do it.
Posted by captainFid
Never apologize to barbarism
Member since Dec 2014
9168 posts
Posted on 3/10/25 at 1:20 pm to
quote:

We were already concerned about 'not being elected'. He was installed anyway.



Touché
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75199 posts
Posted on 3/10/25 at 1:23 pm to
The Can o' Worms potential this investigation's allegations presents is monumental.
Posted by Jorts R Us
Member since Aug 2013
16890 posts
Posted on 3/10/25 at 1:26 pm to
quote:

He gave the best answer.


OP probably can't follow it, tbh.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46332 posts
Posted on 3/10/25 at 1:39 pm to
What's the cabinets motivation to invoke the 25th?

There is none.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112536 posts
Posted on 3/10/25 at 1:40 pm to
quote:

What's the cabinets motivation to invoke the 25th?

There is none.


It was written with the presumption that people would put country above party/power.
Posted by TenWheelsForJesus
Member since Jan 2018
10333 posts
Posted on 3/10/25 at 1:41 pm to
quote:

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).


So anyone with access to the autopen can sign whatever documents they want without the president's knowledge and it's legal as long as no one brings up the 25th. This must be lawyer logic, because it's certainly not common sense.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465981 posts
Posted on 3/10/25 at 1:41 pm to
quote:

What's the cabinets motivation to invoke the 25th?

There is none.

Kind of like what's the motivation of Congress to impeach/remove a President when they're from the same party.

It's just one of those limitations of the Constitution that can only be corrected with an Amendment.
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46332 posts
Posted on 3/10/25 at 1:41 pm to
But we're talking about a Biden cabinet
This post was edited on 3/10/25 at 1:43 pm
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
46332 posts
Posted on 3/10/25 at 1:42 pm to
Republicans told Nixon to resign.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465981 posts
Posted on 3/10/25 at 1:43 pm to
quote:

So anyone with access to the autopen can sign whatever documents they want without the president's knowledge and it's legal as long as no one brings up the 25th. This must be lawyer logic, because it's certainly not common sense.

No the remedy there would be the President stepping in, revoking the act if necessary. None of that happened with Biden.

The underlying argument as to why Biden didn't "step in", is based in his mental incapacity. That's why the 25th becomes the issue in this discussion.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/10/25 at 1:45 pm to
quote:

Any bill or legislation has to be hand signed. Autopen is for Chrismas (sic, Christmas) cards and political correspondence.
quote:

Do you have any governing authority for this assertion ... or just blowing smoke? Because a 2005 AG Opinion disagrees with you.
Did Biden sign such an order? Seems that woild (sic, would) be an easy one to prove if so.
Why would a president sign an AG Opinion?
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75199 posts
Posted on 3/10/25 at 1:47 pm to
quote:

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.



Not even on any form of letterhead... Quite literally any of us could've recreated this is MS Word.

quote:

That simply isn't true in anyone's reality.


Oof. They aren't sending their best, these days.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/10/25 at 1:48 pm to
quote:

So anyone with access to the autopen can sign whatever documents they want without the president's knowledge and it's legal as long as no one brings up the 25th. This must be lawyer logic, because it's certainly not common sense.
You are conflating two distinct hypothetical scenarios.

In one case, POTUS has capacity, but staff "forges" his signature by using the autopen without his authorization. In the other, POTUS lacks capacity, and it thus just does not matter whether he purported to "authorize" anything.

The 25th only comes into play in the second scenario.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75199 posts
Posted on 3/10/25 at 1:50 pm to
quote:

POTUS lacks capacity, and it thus just does not matter whether he purported to "authorize" anything.

The 25th only comes into play in the second scenario.

Only if it is in the usurping band of marauders posing as a Cabinet's interests to self-identify their fraud.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75199 posts
Posted on 3/10/25 at 1:52 pm to
Even Laura Loomer was all over this at the time:

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Posted by Vacherie Saint
Member since Aug 2015
46083 posts
Posted on 3/10/25 at 1:54 pm to
I think the answer is clearly yes. You’d have to make the case that the signature was made by someone who is not only mentally incapacitated, but coerced into signing. Or perhaps auto signed without the signee’s knowledge or consent.

But that would hold for any signature
This post was edited on 3/10/25 at 1:57 pm
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 3/10/25 at 1:56 pm to
quote:

Even Laura Loomer was all over this at the time (the Biden "drop out" letter not being on official presidential stationery).
The matter at issue was about his campaign and thus not official US government business, so there would have been no reason for it to be printed on presidential stationery. In fact, it would arguably have been improper for Biden to communicate about his campaign on official governmental stationery.

A case could be made that perhaps it should have been printed on official campaign stationery, I suppose.
This post was edited on 3/10/25 at 2:03 pm
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