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Patriot Act Extension By Autopen Raises Questions for Congressman

Okian Warrior writes "Congress passed the [Patriot act extension] bill Thursday night, shortly before certain provisions of the Patriot Act were set to expire. However, Mr. Obama could not sign the bill right away in person, since he was in Europe for the G8 Summit. In order to sign the bill before the measures expired, he authorized the use of the autopen machine, which holds a pen and signs his actual signature. Republican Rep. Tom Graves of Georgia sent President Obama a letter today questioning the constitutionality."

38 of 247 comments (clear)

  1. I for one... by DWMorse · · Score: 3, Funny

    I for one welcome our new law-signing robotic overlords.

    ... I'm... I'm sorry.

    --
    There's a spot in User Info for World of Warcraft account names? Really?
  2. Questioning the constitutionality... by ChrisMounce · · Score: 5, Insightful

    I'd like to question the constitutionality of a lot more than just how it was signed.

    1. Re:Questioning the constitutionality... by iceperson · · Score: 5, Informative
    2. Re:Questioning the constitutionality... by Black+Parrot · · Score: 2

      He voted against the law.

      http://tomgraves.house.gov/News/DocumentSingle.aspx?DocumentID=224632

      Good for him. Maybe he's raising the technical issue as a last-ditch effort to obstruct it.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Questioning the constitutionality... by HungryHobo · · Score: 2

      cryptanalyst has fuck all to do with checking written signatures.
      Human beings naturally sign it slightly differently each time they sign their name and autopen is just a fancy version of the "signature" stamps that you'll see in many offices.

      the fact that the president was verifiably nowhere near the document when it was signed would be better proof than any "cryptanalyst".

      Could he simply have his signature cut into a stamp and ask someone to stamp things for him when he's not there to sign stuff personally?
      If not I can't see how autopen could be legal.

    4. Re:Questioning the constitutionality... by Jane+Q.+Public · · Score: 2

      Some of these "technicalities" are vitally important. I suspect that if someone were on trial for murder, and you were on the jury, you would consider the fact that someone else might have actually done it a "technicality".

    5. Re:Questioning the constitutionality... by Jane+Q.+Public · · Score: 2

      "Could he simply have his signature cut into a stamp and ask someone to stamp things for him when he's not there to sign stuff personally? If not I can't see how autopen could be legal."

      Mod parent up. If a rubber stamp is unconstitutional, then a goddamned machine is, too.

    6. Re:Questioning the constitutionality... by Jane+Q.+Public · · Score: 2

      "I mean seriously, would you rather the president spend a couple million in tax payer dollars jetting back to the US..."

      YES! There are reasons why things are done the way they are.

      Next thing you know, you'll be saying the President can't appoint people to office when Congress is not in session. Hey, that's just a "technicality"! Our CongressCritters could just fax in their disapproval!

      Bullshit. Laws are laws, the Constitution is the Constitution. I will not stand by while other people -- no matter how well-meaning they may be -- try to "interpret" it out of existence.

  3. Forest/trees problem? by Anonymous Coward · · Score: 2, Informative

    I'm sure this is important. But given the bill in question, it seems a lot like complaining about the color of shirt the rapist wears while they're pounding you in the ass.

  4. Re:What? by geminidomino · · Score: 2

    How did this Rep. Graves vote on the act? (I know it says "R" but might as well ask for the sake of thoroughness). If it was a "Nay" then it might be getting "dug out now" as a last-ditch effort to DTRT.

  5. The comments are full of hilarity by OverlordQ · · Score: 3, Insightful

    More nitpicking and stupidity from the GOP that's all it is.

    What, you whiny republicans would rather he hadn't signed it at all, and let the act expire?

    YES

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:The comments are full of hilarity by Anonymous Coward · · Score: 2, Insightful

      I do recall the PATRIOT act being one of the issues Teleprompter Jesus ran on. He and his democratic minions bitching about eavesdropping on Grandma's phone calls. Now our Dear Reader is renewing the law he railed against so he could get elected. Nice. Real nice.

      The democrats took Bush, painted him brown and put a D behind his name.

      O=W

      O is merely continuing every policy Bush initiated...

    2. Re:The comments are full of hilarity by artor3 · · Score: 2

      No, you and I might wish he hadn't signed it at all, but the "whiny republicans" definitely do not share our wishes. They voted for the extension by a six-to-one margin. The democrats were two-to-one against the extension. If the masses hadn't been deceived into giving the GOP control of the House, the Patriot Act would have expired this morning.

      Thanks, assholes.

    3. Re:The comments are full of hilarity by RoFLKOPTr · · Score: 2

      Tell that to your party, then. Clearly they don't represent you.

      A fair chunk of Dems voted yes, too... and our Dem president signed it remotely immediately after passing the house, remember?

      Just because Republicans are the ones that introduced the PATRIOT Act doesn't mean that your beloved Democratic party opposes it.

    4. Re:The comments are full of hilarity by artor3 · · Score: 5, Informative

      House Dems votes against by more than a 2-1 margin. If Republicans didn't control the House, the Patriot Act would have expired this morning.

      Source: http://politics.nytimes.com/congress/votes/112/house/1/376

    5. Re:The comments are full of hilarity by hedwards · · Score: 2

      That's sort of the thing, technically it didn't matter how the Democrats voted the first time as there were enough Republican votes to pass it considering that the President wasn't going to veto the bill. However, considering how few Democrats voted against it, I do think they deserve to be smacked upside the head for not at least symbolically voting against it.

    6. Re:The comments are full of hilarity by anagama · · Score: 2, Interesting

      And the President is not a Democrat? The President could have vetoed the law yes? He could have let it sit around and not extend the PATRIOT act correct? What did our Democratic President do -- he went to great lengths to make sure it was signed.

      If you think it makes a difference whether we have Democrats or Republicans in WA DC, you are deluded. Together they form a monoparty hell bent on shredding every word in the Constitution as we hurtle toward an Imperial Presidency.

      Bush, Obama -- no difference except that even Bush didn't publicly suggest he could execute American citizens on his say so alone without even a show trial. Obama owns that.

      The only "people" who have any power are the mega-corps. For example, the Supreme Court has consistently screwed humans with the State Secrets Doctrine, but when Boeing is on the chopping block, the Supreme Court tells the Feds to back off:

      OK to invoke when torturing people (Obama's stated preference to the court): http://newsandinsight.thomsonreuters.com/California/News/2011/05_-_May/U_S__Supreme_Court_allows_Boeing_CIA_torture_suit_dismissal/

      but the Feds can't get any money out of Boeing if the feds are going to invoke State Secrets with respect to one of Boeing's defenses:

      http://blog.seattlepi.com/aerospace/2011/05/23/boeing-says-its-happy-with-suprem-courts-a-12-ruling/

      --
      What changed under Obama? Nothing Good
    7. Re:The comments are full of hilarity by shutdown+-p+now · · Score: 4, Insightful

      Why such a discrepancy between House and Senate for Dems? Most Dem Senators voted yea...

      Anyway, you can't assume that Dems in the House would have still voted the same way if they were the majority. US politics being what it is, minority parties tend to vote against things out of spite, but flip flop on the issue as soon as they're running things and could use some extra levers.

  6. Re:a better solution by Jhon · · Score: 3, Funny

    I can't remember the name of the device but they used to be used in libraries and such to transmits little written notes from the reference desk to the stacks so the staff could retrieve books.

    The device is called an "undergrad".

  7. Re:So what by MaskedSlacker · · Score: 4, Informative

    Because you can't extend a law which has expired. The provisions would have expired at midnight this morning, before the bill could have become law by default. This would have (arguably) rendered the extension null and void.

  8. Re:What? by Mindcontrolled · · Score: 5, Informative

    Hm... very interesting. He actually seems to have voted against it. "Graves said he believes the act gave too much power to the government, a problem cited by many of the people who helped elect him." Source here

    --
    Ubi solitudinem faciunt, pacem appellant.
  9. Re:What? by MightyMartian · · Score: 3, Informative

    Unless the constitution outright states that the President must sign with pen-and-ink in person, I think there's enough precedent for many levels of government, foreign governments and extranational institutions accepting autopen signatures to render the constitutionality of the question moot.

    This is what Article I Section 2 says:

    2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

    All it says is that the President has to sign the bill for it to become law (except where Congress gets the 2/3s to override a Presidential veto). Since autopens have for a long time been seen as legitimate signatures, I doubt very much that there is any question as to the constitutionality of this particular signature.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  10. Re:What a microcosm of what's wrong with us by iceperson · · Score: 4, Insightful

    Hmm, interesting that you call one of the few who stood up and voted against the law a "partisan hack". It would seem you can't see past the D or R next to a person's name. There's a name for that I think. It's right on the tip of my tongue...

  11. President Obama by Bios_Hakr · · Score: 3, Insightful

    Look, I'm not into the whole "political" thing.

    But it isn't "Mr." Obama; it's Mr. President or President Obama.

    You could also use The President or POTUS.

    Saying "Mr." Obama isn't just disrespecting him, it's disrespecting The Office of the President. It's tacky.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
    1. Re:President Obama by Jafafa+Hots · · Score: 4, Insightful

      Gosh, I thought the thing was that the president works FOR US.

      We've had more than enough of putting more power and gravitas than was intended into the role of the presidency, doncha think?

      The whole point was to not have kings.

      --
      This space available.
    2. Re:President Obama by blueg3 · · Score: 2

      This is America. I can call him what I damn well please.

      You think being tacky is a deterrent to Americans? You ever been to a theme park?

    3. Re:President Obama by MaskedSlacker · · Score: 2

      George Washington is rolling in his grave over how much of a pretentious jackass you, and the others you're parroting, are.

  12. Bravo Rand Paul. by flydpnkrtn · · Score: 5, Interesting

    "Congress bumped up against the deadline mainly because of the stubborn resistance from a single senator, Republican freshman Rand Paul of Kentucky, who saw the terrorist-hunting powers as an abuse of privacy rights. Paul held up the final vote for several days while he demanded a chance to change the bill to diminish the government's ability to monitor individual actions. The bill passed the Senate 72-23."

    - from http://www.cbsnews.com/stories/2011/05/26/politics/main20066686.shtml

  13. Re:What? by artor3 · · Score: 3, Informative

    He's one of only 31 Republicans to have voted against it. And since this is his first term in federal government, he has never voted on it in the past. So I guess he deserves credit for the vote. Of course, he also voted to end Medicare, prevent the FCC from enforcing Net Neutrality, shut down Planned Parenthood, and keep troops in Afghanistan for longer.

    So fuck him.

  14. Re:What? by MichaelSmith · · Score: 2

    Maybe there should be an official presidential robot. The secret service could make a new one for each new president. The robot would be humanoid in appearance and could stand in for the president in situations where he might be in danger such as public appearances and sleeping with the first lady (the robot would of course be anatomically correct). The robot would be teleoperated from special rooms in airforce one and the whitehouse. This would enable the president to use telepresence to sign bills like this as well as providing a "Buster" like capability to survive serious incidents. Come to think of it there could be a whole fleets of president shaped robots, so that the president could attend events in different parts of the world, separated by only a few minutes.

  15. Re:Does anyone read the constitution? by RoFLKOPTr · · Score: 3, Informative

    So worst case here, the PATRIOT Act renewal didn't take effect but will soon.

    A bill that extends a law doesn't copy the law into a new law, it merely amends the expiration date that is written in the existing law. You can't amend a law that has expired, and a bill that is implicitly signed due to sitting for 10 days is not retroactive to when it was forwarded to the President, so it would have effectively become useless had it not been signed last night.

  16. Re:What a microcosm of what's wrong with us by canajin56 · · Score: 2

    News-anchor?

    --
    ASCII stupid question, get a stupid ANSI
  17. Re:What? by ATMAvatar · · Score: 4, Funny

    Of course not. However, this "Made in China" engraving makes me seriously question that the Autopen is a natural born citizen.

    --
    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  18. Re:What? by viridari · · Score: 2

    When you put it that way, he sounds like a great guy with strong libertarian credentials. I think I'll send him a donation for his re-election campaign.

  19. An autopen plus a teleprompter by Quila · · Score: 2

    And we don't need the real Obama at all.

  20. We've got to pass this bill by TheABomb · · Score: 3, Funny

    ... so the president can find out what's in it!

    "They let me sign checks with a rubber stamp!" -H. Simpson.

    --
    MSIE: The world's most standards-complaint web browser.
  21. Re:What? by Jane+Q.+Public · · Score: 2

    "there is no constitutional definition of signed..."

    Nor is there any need for one. The meaning of what was written was fully understood by contemporary society at the time, and it is no more ambiguous now than it was then.

    Would you also insist that the Constitution explicitly define "state", and "people", and "is"? Of course not. That would be ridiculous, right?

    I get so tired of people trying to "interpret" what the Constitution means, when its meaning is already quite well understood.

  22. Re:What? by mattack2 · · Score: 2

    the government having final say over women's bodies.

    What does preventing one's taxes from being spent on something they disagree with have to do with having final say over women's bodies? Go spend your own money on whatever you want to.

    BTW, I am for at least many of the programs/practices of Planned Parenthood, but think it (and tons of other programs) shouldn't be paid for with my taxes. (Including lots of subsidies for things I agree with, such as solar panels... But just like Ron Paul takes the tax write-offs he is entitled to, I would take the subsidy if I installed panels while the program was in place... I would still vote to end the program, however.)