Autopens are legal only if the executive is in control of his own mind

JUST IN:​

Autopen Mystery Creates Web of Liability​

Final Word:

The Autopen scandal did not only harm America; it also stole Joe Biden's name and authority

23 May 2025 ~~ By Steve Eichler


Many view Joe Biden as a frail, dying, helpless old man, which in many aspects may be very accurate, but few are viewing the power of his conservator; that is where this gets dicey.
Here is the question the Washington hacks are afraid to ask: Can President Biden’s conservator sue over autopen signatures? Legal standing explained, and to be honest, they never saw this coming.
Recently, questions surrounding presidential authority and executive function have occasionally intersected with technological shortcuts, none more intriguing than the use of an autopen to sign legislation. U.S. presidents have used the autopen, a mechanical device that can reproduce a person’s signature, to sign bills into law when they are not physically present.
But what if the president uses this tool without proper authorization or against his will? Should President Joe Biden become declared legally incapacitated, could a court-appointed conservator file a lawsuit against the responsible individuals? Could he sue personally as a retired US president?
Does Joe Biden have to be deceased before a conservator takes legal authority over his affairs? No, Joe Biden does not have to be dead for a conservator (also called a guardian in some jurisdictions) to transact on his behalf. A conservator is appointed only while a person is alive but is unable to manage their personal or financial affairs due to incapacity, mental, physical, or cognitive.
~Snip~
A special case is developing because Joe Biden was a sitting President while transactions on his and the country's behalf were executed.
This is where it gets more complicated. For a sitting U.S. president, there’s a constitutional mechanism, Section 4 of the 25th Amendment, to handle incapacity. This is separate from a private or state court’s conservatorship process.
Understanding the role of the autopen is not a new idea. Both Democratic and Republican administrations have used the autopen, with President Obama most notably using it in 2011 to sign a Patriot Act extension while abroad. At the time, the Office of Legal Counsel (OLC) issued a memo affirming its legality, provided the president expressly authorized its use.
Key to this legality is intent and authorization. If the president directs a staff member to use the autopen, it's considered valid under Article I, Section 7 of the Constitution, which requires bills to be “signed” by the president.
But what if the president did not authorize it or lacked the mental capacity to do so?
~Snip~
A special case is developing because Joe Biden was a sitting President while transactions on his and the country's behalf were executed.
This is where it gets more complicated. For a sitting U.S. president, there’s a constitutional mechanism, Section 4 of the 25th Amendment, to handle incapacity. This is separate from a private or state court’s conservatorship process.
Understanding the role of the autopen is not a new idea. Both Democratic and Republican administrations have used the autopen, with President Obama most notably using it in 2011 to sign a Patriot Act extension while abroad. At the time, the Office of Legal Counsel (OLC) issued a memo affirming its legality, provided the president expressly authorized its use.
Key to this legality is intent and authorization. If the president directs a staff member to use the autopen, it's considered valid under Article I, Section 7 of the Constitution, which requires bills to be “signed” by the president.
But what if the president did not authorize it or lacked the mental capacity to do so?
~Snip~
Courts could:
  • Hear a challenge to a specific law passed via unauthorized autopen signature, especially if a third party (e.g., a citizen or affected company) sues under separation of powers or Administrative Procedure Act claims.
But what about Jill Biden? Does she have authority?
  1. Power of Attorney (POA)
If Joe Biden previously signed a durable power of attorney naming Jill Biden as his agent, she could:
  • Make financial or legal decisions on his behalf.
  • Act without going to court.
  • You must still adhere to his established desires and prioritize his welfare.
BUT:
  • POA only works if Joe was mentally competent at the time of signing.
  • It does not give authority over presidential powers, just personal/legal/financial matters.
2. Healthcare Proxy/Medical Power of Attorney
If Joe Biden signed a medical POA or designated Jill as his healthcare proxy, she could:
  • Make medical decisions if he becomes incapacitated.
  • Work with doctors and hospitals.
Again, this is private and personal authority—not public or political.

Commentary:
Now that both Democrats and the biased media have agreed that Joe Biden was visibly afflicted and mentally impaired as far back as 2019. It's time to have Congress fully investigate and agree that all autopen signatures used on Biden presidential Executive Orders and Bills are now null and void.
 
This business of selling pardons is serious stuff.

If that turns out to be true the Dem leadership is finished
 
There is plenty of evidence that the biden did not know what thd autopen was signing

The reasoning in the linked article is flawed I think. Trump has grounds to challenge the pardons (and much more). I've seen the signatures of many different documents, and superimposed, they are all identical, an impossibility. Technically, this makes them simulated or imitation signatures.

The question is: why and when should the autopen be allowed? It should only be allowed in extraordinary circumstances of urgency and distance. And its use should be highly documented, in fact, there should be video of its every use.

I would be in favor of any auto-penned documents only being valid until the president is back to sign them in person.

The argument that any such signatures are unimpeachable because of presidential power do not stand the test: because they were auto-penned, they were signed by someone other than the president, and must only be done with Biden's commission. The question is: who did Biden commission to sign documents in his absence and where are the records?
 
You can't prove that he was not in control of his own mind.
I havent tried to prove that the pardons are not valid

But they are a stain on what was left of his legacy

Mercifully for biden he probably does not even know what people are saying about him
 
You can't prove that he was not in control of his own mind.
When you get to high school, you will learn that proving a negative is not a valid argument. According to your logic, Biden could pardon someone simply by thinking about it.
 
Who paid for the EO to ban US natural gas sales?

Democrats = traitors
 
So, jwoodie shows his lack of knowledge.

Ah, the age-old philosophical riddle! The idea that "you can't prove a negative" is a common saying, but it's not always true. In logic and mathematics, negatives can absolutely be proven. Consider a simple example: proving that there is no largest prime number. Mathematicians use proof by contradiction to show that if there were a largest prime, it would lead to an impossible result—thus proving the negative.


In everyday life, proving a negative can be much trickier. If someone claims, "There is a UFO in my backyard," proving that no UFO exists there means searching every possible place it could be. Since absences are harder to verify than presences, proving a negative often requires exhaustive evidence or logical reasoning.
 
Incompetent to stand trial = Incompetent to sign pardons and bills

WEF/Democrats sold Biden's EOs
~~~~~~
Democrats as a Party should not be allowed to exist any further.
They have proven themselves to be treacherous, and anti-American.
Not only did they fraudulently elect Joe Biden by manipulating the election, but they used this feeble minded person to promote their flawed agendas that were not to the benefit of the People.
Democrats know they are in trouble and they know they have been caught in the lie they created.
That is why the paid shills on this Message board have been so active in defending the Party (their "Rodina (родина)") and finding any little item to detract from the truth.
 
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