Obama Won’t Personally Sign Patriot Act Extension
EmailABC News’ Matthew Jaffe (@jaffematt) and Devin Dwyer (@devindwyer) report: Congress officially passed an extension of the Patriot Act tonight, just hours before key provisions of the national security law were due to lapse at midnight.
President Obama, currently on an overseas trip, is not at the White House to sign the bill, a requirement for the measure to become law.
So the White House will use an autopen –- a machine that replicates Obama’s signature -– to sign the extension, according to White House spokesman Nick Shapiro.
"Failure to sign this legislation poses a significant risk to U.S. national security. As long as Congress approves the extension, the President will direct the use of the autopen to sign it," Shapiro said in a statement.
Jay Wexler, a Boston University law professor and author of “The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions,” says the constitutionality of using an autopen was confirmed in a thorough 2005 Office of Legal Counsel opinion.
Here's the relevant passage written by then-Deputy Attorney General Howard C. Nielson:
“We examine the legal understanding of the word 'sign' at the time the Constitution was drafted and ratified and during the early years of the Republic. We find that, pursuant to this understanding, a person may sign a document by directing that his signature be affixed to it by another. … Reading the constitutional text in light of this established legal understanding, we conclude that the President need not personally perform the physical act of affixing his signature to a bill to sign it within the meaning of Article I, Section 7 [of the Constitution.]"
This story was updated from a previous version to reflect passage of the extension by the House and Senate.
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I wonder if the “autopen” will scribble the write date…ROFL..
Posted by: allen | May 26, 2011, 8:02 pm 8:02 pm
“write” >LOL
Posted by: allen | May 26, 2011, 8:02 pm 8:02 pm
“This law – the very purpose of which was to protect us – [is] also threatening to violate our rights and freedoms as Americans. … We have been forced to consider a piece of rushed legislation that fails to address the concerns of members of both parties as well as the American people. … Giving law enforcement the tools they need to investigate suspicious activity is one thing – and it’s the right thing – but doing it without any real oversight seriously jeopardizes the rights of all Americans and the ideals America stands for.” -Senator Barack Obama, December 15, 2005
“The bottom line is that if these provisions are allowed to lapse, even temporarily, the nation will be less safe. … We cannot allow political brinksmanship to put our nation’s security at risk. Congress must pass these provisions of FISA immediately.” -Obama Administration, May 26, 2011
We’re all pawns in a twisted game.
Posted by: Marine4RonPaul | May 26, 2011, 8:18 pm 8:18 pm
welcome to the police state.
Posted by: TheCWCamp | May 26, 2011, 8:21 pm 8:21 pm
Why is it Washington only does something at the very last minute. No different than dealing with the debt it is impossible to run a household or a business in this way. Nothing has changed at all, they still only act when forced to. When will the American people finally say enough is enough and demand better?
Posted by: Kelly Florida | May 26, 2011, 8:23 pm 8:23 pm
Kelly, it is a matter of one side blocking needed legislation to get their way on another contested matter. It does stink but won’t change until we are more careful about who we elect. We can’t vote for them and then forget to check up on how they vote on bills.
Posted by: Lydia | May 26, 2011, 8:48 pm 8:48 pm
Obama is a hypocrite. In other news, sky still blue.
Posted by: Joe M | May 26, 2011, 9:03 pm 9:03 pm
Wow, is this not the same act that liberals screamed about when Bush started it. Every night there was a story in the main stream media about the government taking our freedoms away. Now that we have a liberal President everything is great. The liberal Dems now love it the the main stream press or (Obama media) love it. Everything is great!
Posted by: Tim | May 26, 2011, 9:41 pm 9:41 pm
Might as well vote for republicans if all the democrats are going to do is pass republican laws. It is my understanding that Reid and Pelosi were pushing to get it passed.
Don’t even bother Lydia. “We’re not as bad as them” and “They made us do it” isn’t going to work this time. Obama can’t try to deny responsibility simply because he did not personally touch the ink to the paper.
Like I said, we might as well vote for the republicans in 2012 and let them finish destroying the country sooner rather than later.
Posted by: jan | May 26, 2011, 9:46 pm 9:46 pm
It is the duty of private citizens to defend the u.s. constitution and hold u.s. congress accountable for its criminal legislation. The Patriot Act is an abysmal legal document which destroys the fabric of american society and destroys the foundational and fundamental rights of a free person.Let this garbage expire.
Posted by: Clark_Kent | May 26, 2011, 10:14 pm 10:14 pm
Wait…. does that mean we can just keep Obama out of the country indefinitely?? — LIKE that!! — He can just keep making a fool of himself in public events (nice date of 2008 in the Parliament book, Barry)!!!!
Posted by: TheLoyalOpposition | May 26, 2011, 11:13 pm 11:13 pm
Obama was against the Patriot Act when he ran for the Senate. Now he appears to like it. A man of principle.
Posted by: free_2_choose | May 27, 2011, 1:09 am 1:09 am
I’m no lawyer but there is no way the President can delegate his authority to sign legislation. Besides, that is not the first step:
Article 7 – 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.
Guess what? He was in France. Whatever was signed by him was never presented to him. Before a bill can become law, it must be presented to him.
These lawyers have lost their minds, or, more likely, their sense of duty to us, and their conscience.
Posted by: Largo Lagg | May 27, 2011, 1:23 am 1:23 am
Obama hated the Patriot Act until he became President….. same with… “No new taxes for those earning less than $250k” :)… when he said “Our healthcare reform bill will reduce the deficit”… when he said “3 million Jobs Created or Saved”… “if you like your healthcare plan, you can keep it”… “I will close Guantanamo Bay”… “we will be out of Iraq within 16 months”… “we will be the party of transparency”… “No more lobbyists”… I’m sorry….. HE HAD HIS CHANCE… he is a proven partisan hack!!!!! —— THAT is why most Americans are angry at him!!!!
Posted by: TheLoyalOpposition | May 27, 2011, 1:28 am 1:28 am
First off who cares how it’s getting signed, the question we should all be asking is WHY it’s getting signed???????????????????????????????????????????????????????????????????????
uh, what?
Posted by: dk | May 27, 2011, 5:11 am 5:11 am
Not a supporter of the patriot act, but love have the idiot in chief re-authorize its passing.
It just proves what I have already said, Democrats would rape their own children on TV if it won them a vote.
Democrats are truly the lowest form of life on the planet.
We must hope Obama gets re-elected so a civil war can break out and we can begin hanging democrats and other liberal low-lives as we catch them hiding in their basements.
Posted by: lessthantolerant | May 27, 2011, 6:00 am 6:00 am
What we need is ‘Auto Impeach’.
Posted by: Banderman | May 27, 2011, 6:24 am 6:24 am
So obama won’t sign? What an absolute dope. What next, he’ll claim to his loyal lemmng base that he didn’t sign it and is not responsible.?
Posted by: jonny | May 27, 2011, 7:17 am 7:17 am
President Obama was against the Patriot Act when President Bush held office, but now he’s for it. It’s easy to tell people what they want to hear when you’re running for office. President Obama is no different. Change we can believe in? Hardly.
Posted by: jacksmith0110 | May 27, 2011, 8:17 am 8:17 am
Still waiting for that “change”. LOL..
Posted by: LongT | May 27, 2011, 8:30 am 8:30 am
Hey, if he can send troops to tighten the noose, he can fake responsibility.
Posted by: LongT | May 27, 2011, 8:42 am 8:42 am
NO, this President wants it both ways? Kind of like voting “present” all the time. What an empty suit.
Posted by: Freedom | May 27, 2011, 8:53 am 8:53 am
Jay Wexler, a Boston University law professor and author of “The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions,” says the constitutionality of using an autopen was confirmed in a thorough 2005 Office of Legal Counsel opinion.
So when the same counsel said waterboarding was legal, why is Holder wasting taxpayer money going after the CIA.
Posted by: deanbob | May 27, 2011, 9:54 am 9:54 am
How many issues has Obama done a 180 (from either campaign promises or positions as a senator) after becoming president? It probably’d be easier to count what he has been consistent on: re-distributing the wealth, ‘wanting’ to close GITMO, and the unions can do no wrong my apologies if I didn’t get the little ones).
Posted by: deanbob | May 27, 2011, 9:58 am 9:58 am
ALLEN: So Obama’s date slip up is being pointed out to us all by someone who doesn’t know the difference between write and right? Unbelievable.
Posted by: Mick | May 27, 2011, 10:33 am 10:33 am
Like his heath care bill he could care less. And about health care’ is there not laws against closed door meetings and passing a bill afterwards? I mean the second party never got to negociate in those exclusive Dem meetings? Can’t wait to see him get a slap for trying to dictate to a free society
Posted by: Jim Rod | May 27, 2011, 3:05 pm 3:05 pm
There has to be reason that Obama would do such a huge flip on this, such a huge public flip! IMHO there has got to be something going on behind the scenes that we are not aware of (I know, I know! There’s alot of that going on all the time). Maybe there is a legitimate reason for this. I don’t like it either, not one bit, but I’m not sittin’ in his seat either… The bill itself, in it’s current form, doesn’t bother me much, it’s all the abuses that have been directly linked to it that makes me worry. Anyway, I don’t know much so I’ll leave it at that…
Posted by: Jeff | May 27, 2011, 3:32 pm 3:32 pm
WHY DID REPUBLICANS ONLY PASSED THE PATRIOT ACT WHEN PRESIDENT OBAMA WAS GONE FROM THE WHITE HOUSE? FORTUNATELY THE PRESIDENT OBAMA OUTWITTED THOSE MALICIOUS REPUBLICANS :))))))))))))))))))))THE AUTO PEN IS LIKE A STAMP, AS LONG AS IT IS USED PROPERLY, THAT IS O.K, WITH ME :)
Posted by: Moderate American | May 27, 2011, 4:44 pm 4:44 pm
That’s so Obama can both claim it and deny it. Idiot democrats will fall for all of it.
Hi Devin! Hope you’re well.
Your Uncle John.
Posted by: drjohn | May 27, 2011, 5:33 pm 5:33 pm
i don’t know exactly what the 2008 date gaffe means, but it’s definitely strange. it’s not like he wrote 2010 in january of 2011. weird. wonder what’s up with that.
Posted by: grumpopolis | May 27, 2011, 6:17 pm 6:17 pm
Hold on here! I thought Obama and his liberal sheep were against the patriot act???
What happened?
Posted by: reload your own | May 29, 2011, 10:09 pm 10:09 pm