Autopen Debate
- Discussions about using the autopen to sign President Biden’s name on official documents often miss the main point: Is it a forgery?
Presidential Signature and Authority
- Many presidential actions require a signed document to be effective.
- The 2005 Department of Justice opinion states the president does not need to sign personally; delegating the signing is allowed.
- The signature serves as evidence that the president exercised power, but it's not the act itself.
Key Questions Regarding Presidential Action
- The crucial question is not about the signature method but whether the president authorized the signing of the document.
- Exclusively presidential powers, like pardon authority, must be exercised by the president.
Forgery Definition and Implications
- Forgery involves creating or altering documents to deceive or defraud.
- The key issue is whether the White House used the autopen to forge President Biden’s signature.
Legal Context of Forgery
- There is no federal criminal forgery statute, but creating false statements in government records is a crime under 18 U. S. C. sec. 1001.
- Actions taken without the president's knowledge are invalid, as they are not true presidential actions.
Conclusion on Autopen Use
- The debate on autopen obscures the simpler issue: Is the signature genuine or forged?
- If the president did not authorize a pardon, it is invalid regardless of the document bearing the autopen signature.
- The focus should remain on whether proper presidential authority was exercised or if illegal actions occurred by others.
https://spectator.org/forget-the-autopen-the-question-is-forgery/
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