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Neera Tanden Claims She had Biden’s Signed Authorization to Use the Autopen (LAWSPLAINING)

    Regular readers know that this author has been focusing on the question of whether or not Joe Biden was competent as president and actually running the White House during the Autopen Administration Biden Administration, and whether or not some or all of his actions might be null and void depending on how the question might be answered. If you want a gateway to prior coverage, go here and start following the links backwards.





    The latest news on the topic comes from Neera Tanden and Real Clear Politics:

    Do you see the same problem we see? Well, let’s go to the link and quote more from it:

    PHILIP WEGMANN, REALCLEARPOLITICS: You did serve for four years in the Biden White House, first as staff secretary and then domestic policy adviser. And there’s been some debate over your recent testimony before the House Oversight Committee. The Republican majority—they say that you directed autopen signatures without knowing who gave the final approval. The Democratic minority—they call that a lie. So did you receive written sign-off from President Biden each time you used the autopen?

    NEERA TANDEN: Yes. Every time I used the autopen to execute executive actions—there’s an autopen used for letters to, you know, just from the public. But whenever, every single time I used the autopen to authorize—and I didn’t use it, a career official did—but when I authorized the use of the autopen, I had the president’s signature and sometimes detailed notes on each and every time.

    And so, you know, after—when I was testifying, Chairman Comer said that I was very forthcoming. So I found it very disappointing that the committee afterwards, I believe, really misled the public by saying that it wasn’t clear we got authorization. I followed the same protocol every staff secretary, I believe both Republican and Democrat, had used before me, and that was to get a president’s signature on—and I got it—twice. I had a very formal process for using it.

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    Right, so you get that? According to her, every time she used the autopen, Biden put his signature on the authorization to use the autopen. Sometimes even twice!

    Which raises the question:

    Right?!?!?! So let’s just say we sincerely wonder if her claim is true just because such behavior is so illogical. Why get a signature to authorize using a machine to write a signature?

    Furthermore, we previously covered the absolute disaster that was the New York Times’ attempt to cover for the use of the Autopen. Let’s quote ourselves when we talk about the law:

    Now, let’s talk a little about the law. This author wrote a VIP piece discussing the legal issues presented by Biden’s potential incompetency in the context of pardons, called ‘The Question Isn’t Whether Trump Can Revoke Biden’s Pardons. It’s Whether They Were Issued at all.‘ In the piece, we made several points:

    First, only the president can issue a federal pardon. This is a duty he cannot delegate.

    Second, an autopen can be used to do any act that requires the president’s signature, but only if the president consents to his signature being placed on the document.

    Third, if that consent wasn’t given, then as a matter of Constitutional law no pardon was issued.

    So[,] if Trump declares one of Biden’s pardons to be null and void for that reason, he isn’t revoking that pardon. He is saying none was issued in the first place.





    Now, we are not sure what executive actions Tanden is discussing. We are not even sure if she is talking about pardons at all. But what we said about the legality of using the autopen for a pardon applies to many other executive actions allegedly taken by Biden. There are certain powers that a president has, that cannot be delegated to others—only the president can do it himself. Besides the pardon power, the veto power and the power to make many high-level appointments are among the powers that cannot be delegated. Therefore, such actions cannot be done by autopen without the president’s consent. 

    To give an example, as Secretary of Transportation, Pete Buttigieg was given the power to do many things in the name of the president, without having to tell Biden what exactly he was doing. But on the other hand, only the president can appoint a person to be secretary of transportation—with the consent of the Senate. Therefore, if someone went behind any president’s back using the autopen and purported to appoint someone to that position without the consent of the President, that appointment would be just as null and void as if they purported to do it with the approval of the Senate (unless some exception applied).

    And in our prior coverage of that New York Times article about the pardons by autopen, we saw that by the Times’ description, they were not actually getting consent to the final form of the document that they signed by autopen. According to the New York Times—which was trying to run cover for Biden—they would issue pardons or commutations to large groups of people without getting Biden’s consent for the final list. From the New York Times article:





    Even after Mr. Biden made that decision [to pardon], one former aide said, the Bureau of Prisons kept providing additional information about specific inmates, resulting in small changes to the list. Rather than ask Mr. Biden to keep signing revised versions, his staff waited and then ran the final version through the autopen, which they saw as a routine procedure, the aide said.

    There were similar problems with the more ‘high profile’ pardons, such as that given to Anthony Fauci, at least if you believe the New York Times’ coverage. Thus, even as Tanden claims that Biden signed his approval for unspecified official documents signed by autopen—sometimes even twice!—you still have to wonder if she even understands that he had to approve of the final draft of these documents before an autopen can be used.

    On to reactions:





    Not typically, for sure. But what if, hypothetically, a man made a false statement to the press in furtherance of a conspiracy…?

    A valid point.

    To be fair to her, she might not understand that the approval has to be of the final document, not a draft. Thus she might think she had proper approval, but didn’t actually have it.

    Finally:

    Heh.

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