If true. Illegal use of autopen.

If true. Illegal use of autopen.

Alot has been made about use of the autopen. I asked AI about it and laws involved.

Relevant Statutes

• 18 U.S.C. § 494 – Contracts, obligations, or securities of the United States
  • Criminalizes forging or counterfeiting the signature of any officer of the United States on official documents.
  • Unauthorized autopen use would fall under this as a “false signature.”
• 18 U.S.C. § 1001 – False statements
  • Covers knowingly falsifying or concealing material facts in matters within U.S. jurisdiction.
  • An unauthorized autopen signature would be a false representation of presidential approval.
• 18 U.S.C. § 505 – Forging public documents
  • Specifically prohibits forging or counterfeiting signatures on public records and documents.
  • Applies directly to presidential commissions, pardons, or executive orders.
• 5 U.S.C. § 2902 – Oaths of office and commissions
  • Requires presidential commissions to be signed by the president before the departmental seal is affixed.
  • If the president did not authorize the signature, the commission is constitutionally defective.

⚖️ Case Precedents

• Marbury v. Madison (1803)
  • Established that a commission is not valid until signed by the president and sealed.
  • If the autopen signature was unauthorized, the commission would be void under this precedent.
• United States v. George (1960s, lower court)
  • Addressed forged signatures on government documents; held that unauthorized signatures are legally void and criminally punishable.
  • Reinforces that intent and authorization are essential.
• Autopen Opinions (Obama Administration, 2011)
  • The DOJ’s Office of Legal Counsel issued an opinion affirming autopen use only when authorized by the president.
  • This is not a case, but a binding executive legal interpretation: without authorization, autopen use is invalid.
• Knox v. United States (1877)
  • Held that forged signatures on official documents are nullities and confer no legal rights.
  • Directly applicable to unauthorized autopen use.

🕊️ Application to Pardons & Appointments

• Appointments: Under Marbury v. Madison, a commission requires presidential authorization. Unauthorized autopen use would make the appointment void.
• Pardons: The pardon power is personal to the president. Unauthorized autopen use would make the pardon a nullity, offering no legal protection.
• Executive Orders / Laws: DOJ precedent allows autopen use only with presidential authorization. Unauthorized use would be fraud and void ab initio.

✅ Summary:

• Statutes like 18 U.S.C. §§ 494, 1001, 505 criminalize unauthorized signatures.
• Cases like Marbury v. Madison and Knox v. United States establish that presidential acts require genuine authorization.
• DOJ opinions affirm autopen legality only when the president consents.
• Therefore, unauthorized autopen use would make appointments, pardons, and executive acts illegal and void.