🔥 THE AUTO-PEN LIE: Why Donald Trump’s Stunt Is a Direct Attack on the U.S. Constitution, the Rule of Law, and Every American Citizen
- Professor/Dr. Lent C. Carr, II
- 5 days ago
- 6 min read
Updated: 4 days ago
By Professor Lent C. Carr II, Ph.D.
Candidate for U.S. Congress (NC-09)
“Putting the Welfare of the People First, and Politics Last.”
I. INTRODUCTION: A PRESIDENTIAL TEMPER TANTRUM MASQUERADING AS LAW
This week, Donald Trump once again did what he does best: ignore the Constitution, sabotage public trust, and weaponize misinformation. In a rambling Truth Social decree, he announced that all executive orders signed by President Joe Biden using an autopen are “terminated.”
Worse, he threatened to criminally prosecute his predecessor for allegedly “lying” about authorizing these documents.
Let me be clear:
There is no legal basis — none — for this claim.
There is no precedent — none — for this abuse of power.
And there is no democratic republic — none — if such thinking is allowed to take root.
As a candidate for the U.S. Congress representing North Carolina’s 9th District, and as a constitutional scholar, I am obligated to say what too many in Washington are afraid to declare:
This is not politics. This is an attempted demolition of constitutional order — a lawless power grab that exposes Trump’s desire to sit above the Constitution, not under it.
II. THE LAW: WHY TRUMP’S CLAIM IS LEGALLY ABSURD
1. Autopen Signatures Have Been Federally Recognized for Decades
In 2005, the U.S. Department of Justice Office of Legal Counsel issued a clear legal ruling:
“The President may sign a bill by directing a subordinate to affix his signature with an autopen, provided the President has made the determination to sign the bill.”— OLC Opinion, May 20, 2005
This was reaffirmed in 2011, when President Barack Obama used an autopen to sign an emergency extension of the Patriot Act. Even Republican House leadership accepted it.
2. Courts Have Long Upheld Signature Validity Based on Intent
Under multiple federal precedents, the validity of a signature does not depend on its mechanical form:
United States v. Chatham (5th Cir. 1981): Signatures executed by mechanical means are valid if authorized.
S. v. Lange (District Court of Maryland, 2009): The question is intent, not physical form.
Fed. R. Evid. 901 requires only authentication, not handwriting.
If Congress accepts an autopen signature, if agencies abide by it, and if courts uphold it, then: Trump’s claim is legally impossible.
III. CONSTITUTIONAL ANALYSIS: TRUMP’S POWER GRAB FAILS
A. Article II Does NOT Require a Handwritten Signature
The Constitution does not specify whether a President must personally pen a signature. What it requires is:
Authorization (intent)
Constitutionally vested authority
Proper execution of the duties of the office
Nowhere in Article II does the phrase “handwriting,” “ink,” “manual signature,” or any equivalent appear.
B. Congress Has Accepted Autopen Use for 40+ Years
Under 1 U.S.C. § 106a, a bill becomes law when:
The President approves and signs it OR
The President allows it to become law without a signature
The statute does NOT restrict the method of signing.
C. Trump Used an Autopen Himself
Multiple internal White House staff confirmed that Trump authorized autopen signatures for:
routine correspondence
proclamations
ceremonial letters
So his argument collapses under the weight of his own record.
IV. THE REAL THREAT: A PRESIDENT WHO CLAIMS POWER TO NULLIFY HISTORY
Trump’s declaration is not simply false — it is dangerous.
If any future president can invalidate prior presidential actions based on a “technicality,” then:
Civil rights protections could vanish overnight.
Student loan reforms could vanish overnight.
VA reforms and veterans' protections could vanish overnight.
Environmental safeguards could vanish overnight.
Disaster relief policies could vanish overnight.
Even military authorizations could vanish overnight.
This is not governance.
This is constitutional arson.
This is executive tyranny.
This is autocracy in trial form.
V. WHAT IT MEANS FOR NORTH CAROLINA’S 9TH CONGRESSIONAL DISTRICT
NC-09 residents deserve stability — not chaos.
Trump is openly declaring that:
Your healthcare access
Your veterans' benefits
Your Social Security protections
Your infrastructure funding
Your children’s education programs
Your environmental protections
…can all be thrown away because of a pen.
That is not leadership.
That is reckless disregard for the rule of law and for the American people.
Here in North Carolina’s 9th, where 138,000 veterans, over 60,000 seniors, and tens of thousands of working families depend on stable federal policy, Trump’s stunt is nothing less than an attempted political assault on your economic security.
VI. POLICY PROPOSAL: THE PRESIDENTIAL SIGNING AUTHENTICATION & CONTINUITY ACT (PSACA)
A Legislative Framework Authored and Proposed by Professor Lent C. Carr II
Purpose:
To prevent any future president — of any party — from attempting to nullify, rewrite, or criminalize presidential acts based on the method of signature.
Core Provisions:
Statutory Recognition of Autopen Authorization: Codify into law that a presidential signature is valid if:
The President authorizes it
The authorization is recorded
Continuity-of-Governance Clause: No future president may retroactively invalidate:
executive orders
proclamations
directives
regulatory approvals
or any federal decision…based solely on the physical method of presidential signature.
Protection Against Retroactive Criminalization It shall be unlawful for any president to:
threaten prosecution
initiate investigations
or use the Justice Department…to criminalize a predecessor’s legally authorized acts.
Penalties for Abuse of Executive Authority: Criminal penalties for:
knowingly asserting false constitutional claims
attempting to nullify valid federal actions
or using fabricated legal theories to target political opponents.
Judicial Review Protection: Any attempt to invalidate presidential acts based on the signature method shall be deemed:
unconstitutional
void ab initio
unenforceable in any federal court
VII. DRAFT LEGISLATIVE BILL
THE PRESIDENTIAL SIGNATURE AUTHENTICATION & CONTINUITY ACT OF 2026
Professor Lent Carr's Proposed, Fully structured bill — ready for introduction in Congress)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:
SECTION 1. SHORT TITLE
This Act shall be known as the “Presidential Signature Authentication & Continuity Act of 2026.”
SECTION 2. DEFINITIONS
“Authorized signature” means any mark, handwritten or mechanical, affixed with express presidential authorization.
“Presidential act” includes executive orders, proclamations, directives, signing statements, and any document executed under Article II authority.
SECTION 3. AUTHORIZED SIGNATURE VALIDITY
(a) A presidential act shall be legally valid if the President authorizes its execution, regardless of signature method.(b) Autopen or mechanical reproduction shall constitute a valid presidential signature under federal law.
SECTION 4. PROHIBITION ON RETROACTIVE INVALIDATION
No President may invalidate, declare terminated, or refuse to enforce a predecessor’s acts based solely on the physical method of signature.
SECTION 5. PROHIBITION ON EXECUTIVE OVERREACH
Any attempt to nullify presidential acts based on the signature method shall be deemed an abuse of executive power.
SECTION 6. CIVIL & CRIMINAL PENALTIES
Knowingly engaging in such abuse shall constitute:
an impeachable offense, and
a federal offense punishable by fines and removal from office.
SECTION 7. JUDICIAL REVIEW
The U.S. Supreme Court and lower federal courts shall have jurisdiction to enjoin violations of this Act.
VIII. WHITE PAPER & ACTION PLAN
“Protecting the Continuity of the American Presidency: A Framework for 2026 and Beyond”
A. Threat Assessment
Trump’s attempt to delegitimize autopen signatures is part of a broader authoritarian pattern:
Delegitimizing elections
Undermining the rule of law
Targeting judicial independence
Politicizing prosecution
Rewriting historical fact
This is how democracies collapse.
B. Policy Goals
Protect presidential continuity
Reinforce the separation of powers
Prevent future executive abuses
Ensure stable governance for families and businesses
C. Recommended Immediate Actions
1. Congressional Action (Short-Term)
Introduce PSACA
Hold hearings in the House Judiciary Committee
Demand DOJ reaffirm OLC 2005 and 2011 opinions
2. Public Communication Strategy
Educate voters
Address misinformation
Strengthen civic understanding
3. Legal Preparedness
Pre-draft amicus briefs
Prepare for federal court challenges
Partner with constitutional scholars
D. Long-Term Strategy
Establish a nonpartisan “Continuity of Governance Commission”
Modernize presidential signing procedures
Expand digital and secure authentication platforms
Amend federal statute to clarify executive authority
IX. CONCLUSION: NC-09 AND AMERICA MUST NOT BOW TO TYRANNY
This moment is not about Joe Biden. It is not about Democrats. It is not about Republicans. It is about whether any president, at any time, may rewrite history through lies, intimidation, and fabricated legal theories.
As your future Congressman, I vow:
We will not cower.
We will not compromise with lawlessness.
We will protect the Republic.
And we will legislate to ensure no future president — Trump or otherwise — can wage war against the rule of law ever again.
North Carolina’s 9th District deserves leadership anchored not in chaos, but in constitutional fidelity, moral clarity, and democratic courage.
That is my pledge.
That is my mission.
That is my service to the American people.
Trump’s “autopen” rant isn’t comedy — it’s a constitutional crisis in disguise. By claiming he can erase years of policy because of a pen, he is telling America one thing:
“If I return to power, no law, no tradition, no presidential action before me is safe.”
That’s not democracy. That’s not law. That’s not America.
As a constitutional scholar and candidate for U.S. Congress in NC-09, I am introducing the Presidential Signature Authentication & Continuity Act (PSACA) to prevent any president — now or in the future — from weaponizing conspiracy theories to overturn lawful presidential acts.
The rule of law matters. Stability matters. Democracy matters.
And in NC-09, we will never bow to the whims of tyranny.
Share this. Spread the truth. Protect our Republic.— Professor Lent C. Carr, II, Candidate for U.S. Congress, NC-09
“Putting the Welfare of the People First, and Politics Last.”
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