• MSN
  • Hotmail
  • More
    • Autos
    • My MSN
    • Video
    • Careers & Jobs
    • Personals
    • Weather
    • Delish
    • Quotes
    • White Pages
    • Games
    • Real Estate
    • Wonderwall
    • Horoscopes
    • Shopping
    • Yellow Pages
    • Local Edition
    • Traffic
    • Feedback
    • Maps & Directions
    • Travel
    • Full MSN Index
  • Bing
  • NBCNews.com
  • TODAY
  • Nightly News
  • Rock Center
  • Meet the Press
  • Dateline
  • msnbc
  • Breaking News
  • Newsvine
  • Home
  • US
  • World
  • Politics
  • Business
  • Sports
  • Entertainment
  • Health
  • Tech
  • Science
  • Travel
  • Local
  • Weather
Advertise | AdChoices
  • Recommended: VIDEO: The Week Ahead: The tax man cometh
  • Recommended: 2016 notebook: Republicans try to dent Clinton's armor
  • Recommended: Capping week of scandal management, Obama says focus remains on jobs
  • Recommended: VIDEO: First Read Minute: Tough week for the White House

The first place for news and analysis from the NBC News Political Unit. Follow us on Twitter.

  • ↓ About this blog
  • ↓ Archives
    • Icons Email E-mail updates
    • Icons Twitter Follow on Twitter
    • Icons Feed Subscribe to RSS
  • 27
    May
    2011
    1:16pm, EDT

    The great presidential autopen hullabaloo

    By Shawna Thomas and Carrie Dann:

    An intrepid White House aide’s nail-bitten mission to board a transcontinental commercial flight and hand-deliver crucial national security legislation to the president before midnight WOULD have made a great subplot in the next Jason Bourne blockbuster.

    Which is probably why the White House opted for an autopen instead.

    Hill sources say there had been a plan to have a White House aide hand-carry legislation re-authorizing the Patriot Act to Europe, where President Barack Obama is traveling for G8 talks. But a delayed vote process meant that the bill might not have reached the signer-in-chief before the act expired at midnight.

    So last night, the president made history by authorizing the first use of an autopen signature for a bill to become law.

    At least one Republican lawmaker now says those robotic scratches of ink could set “a dangerous precedent” for constitutional shenanigans ahead.

    Georgia Rep. Tom Graves -- who voted against the PATRIOT Act extension -- put his concerns in writing to the president today. 

    After quoting Article I, section 7 of the United States Constitution in a short letter, he then, politely, assigned the president homework. 

    He asked that Obama provide a "detailed, written explanation of your constitutional authority to assign a surrogate the responsibility of signing bills passed by Congress into law." 

    Graves may want an answer, but when Minority Leader Mitch McConnell was asked about “Autopen-gate and the Mystery of the Secret Signature” he said, “I haven't looked at the legality of it and therefore don't have an opinion to express on it.”

    In 2005, the then Deputy Assistant Attorney General Howard C. Neilson, Jr., (who is getting a significant amount of Google play today no doubt) released an opinion that deemed the use of an autopen to sign a bill constitutional:

    “We conclude that neither past practice nor previous opinions relating to the signing requirement of Article I, Section 7 foreclose reading that requirement in a manner that is consistent with the traditional common law understanding of ‘sign,’ with attorney general and Department of Justice opinions applying that understanding to statutory signing requirements, and with the settled interpretation of the related presentment and return provisions.”

    But what IS an autopen?

    Bob Olding, the owner of the Damilic Corporation, one of what he says are only two companies in the United States that make and sell the devices described it like this:

    “There are basically two kinds that we provide.  One is mostly mechanical and that is the old classic autopen. It has a large plastic wheel in it ... as that rotates between two levers it pushes the pen in the appropriate direction.”

    They can cost anywhere from $2000 to $10000 and it’s another $175 to create each signature template that  tells the machine  what to do.  The more expensive machines are automated and involve programming your handwriting into a computer.

    When asked if he had sold a machine to the White House or possibly Sarah Palin, he said, “I couldn’t tell you if we did.” He keeps his client list very hush hush but said it includes large corporations, universities and political campaigns.  

    NBC's Kelly O'Donnell contributed to this report.

    189 comments

    Ha, first the birth certificate, now we have to pull the signature card. This is stupid, any American can electronically sign their life away without ever touching a pen. Check the calendar it is 2011. The autopen is not a danger, an autoeraser maybe.

    Show more
    Explore related topics: thomas, and, carrie, dann

Browse

  • featured,
  • decision-2012,
  • first-read,
  • barack-obama,
  • politics,
  • mitt-romney,
  • 2012,
  • white-house,
  • congress,
  • appfeatured,
  • capitol-hill,
  • first-thoughts,
  • obama,
  • republicans,
  • 2010,
  • economy,
  • programming-notes,
  • romney-embed,
  • video,
  • newt-gingrich,
  • democrats,
  • paul-ryan,
  • romney,
  • first-read-minute,
  • rick-santorum,
  • updated,
  • alex-moe,
  • veepstakes,
  • garrett-haake,
  • gingrich-embed,
  • joe-biden,
  • boiler-room,
  • week-ahead,
  • perry,
  • carrie-dann,
  • security
Also
Advertise | AdChoices
Upload an avatar and edit your bio
Please edit your bio and upload an avatar. Click the pencil icon above to edit.
Edit your blogroll, facebook and twitter links.

Blogroll

Please edit your blogroll by adding entries to the "Blogs" section. Use the "Follow Links" section to add links to Twitter and Facebook. Click the pencil icon above to edit.

Chuck Todd

Chuck Todd became NBC News’ political director in March 2007. He also serves as NBC News' on-air political analyst for "NBC Nightly News with Brian Williams," "Today," "Meet the Press and MSNBC, including "Hardball with Chris Matthews."

Mark Murray

Mark Murray is NBC News' Senior Political Editor. Since joining the network in 2003, he has reported on and written about political races, trends, and issues -- including the 2003 California recall, the 2004 Bush-Kerry presidential race, the 2006 midterm elections, the 2008 presidential contest, the 2010 midterms, and the 2012 presidential race.

Domenico Montanaro

Domenico Montanaro is NBC News' Deputy Political Editor. He writes, reports and edits for First Read, the network's political blog, provides editorial guidance for NBC's broadcast shows and online content, and appears on air. He has covered the 2008 and 2012 presidential elections for NBC and has reported from Capitol Hill.

Ali Weinberg

Will Springer

Natalie Cucchiara

Carrie Dann

Archives

  • 2013
    • May (140)
    • April (233)
    • March (272)
    • February (232)
    • January (254)
  • 2012
    • December (213)
    • November (237)
    • October (344)
    • September (330)
    • August (362)
    • July (268)
    • June (308)
    • May (342)
    • April (291)
    • March (387)
    • February (329)
    • January (446)
  • 2011
    • December (383)
    • November (371)
    • October (341)
    • September (258)
    • August (303)
    • July (232)
    • June (293)
    • May (262)
    • April (277)
    • March (295)
    • February (239)
    • January (277)
  • 2010
    • December (261)
    • November (297)
    • October (267)
    • September (244)
    • August (262)
    • July (285)
    • June (296)
    • May (262)
    • April (300)
    • March (315)
    • February (256)
    • January (242)
  • 2009
    • December (234)
    • November (277)
    • October (312)
    • September (277)
    • August (209)
    • July (325)
    • June (343)
    • May (302)
    • April (316)
    • March (283)
    • February (285)
    • January (362)
  • 2008
    • December (285)
    • November (313)
    • October (514)
    • September (476)
    • August (385)
    • July (372)
    • June (408)
    • May (482)
    • April (510)
    • March (446)
    • February (543)
    • January (946)
  • 2007
    • December (578)
    • November (519)
    • October (607)
    • September (419)
    • August (423)
    • July (387)
    • June (467)
    • May (343)
    • April (254)
    • March (179)
    • February (163)
    • January (203)
  • 2006
    • December (110)
    • November (256)
    • October (224)
    • September (199)
    • August (9)

Most Commented

  • Obama calls IRS flap 'inexcusable,' announces resignation of acting IRS chief (3670)
  • Holder scolds Issa for 'shameful' demeanor (2443)
  • Obama: IRS targeting of conservative groups 'outrageous' (2172)
  • Obama names acting IRS chief, denies knowledge of IRS report (2920)
  • On Benghazi probe, GOP's Issa says 'Hillary Clinton's not a target' (2768)
  • Acting IRS head apologizes, blames 'foolish mistakes' for targeting of conservative groups (3428)
  • First Thoughts: The White House's terrible, horrible Friday spills over (1974)

Other blogs

  • Daily Nightly
  • The Maddow Blog
  • The Last Word
  • Hardblogger
  • First Read
  • World Blog
  • Field Notes
  • Inside Dateline
  • Behind the Wall
  • The Ed Show
  • Morning Joe
  • Daily Rundown

NBCNews.com top stories

3147,10
© 2013 NBCNews.com
  • Politics on NBCNews.com
  • About us
  • Contact
  • Help
  • Site map
  • Careers
  • Closed captioning
  • Terms & Conditions
  • Privacy policy
  • Advertise