Did Nancy Pelosi Break The Law By Tearing Up Trump's Speech?

In 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address, sparking outrage among Republicans and leading to accusations that she had broken the law. Trump himself weighed in, telling reporters that Pelosi's action was illegal. However, legal experts have since confirmed that Pelosi did not, in fact, break the law. The copy of the speech that Pelosi tore up was not an official government document and was not filed or deposited in a public office of the United States. It was simply a copy that Trump had handed to her before beginning his speech.

The copy of the speech was not an official document

The copy of the speech that Nancy Pelosi ripped up was not an official document. Pelosi tore up a copy of President Donald Trump's 2020 State of the Union address. The copy of the speech was handed to her by Trump before he began his address.

Legal experts have confirmed that Pelosi did not violate any laws by ripping up her copy of the speech. William Eskridge, a professor at Yale Law, stated that the statute in question does not criminalize Pelosi's actions as the copy of the speech was not an official file.

According to the Presidential and Federal Records Act amendments of 2014, duplicate copies of records preserved only for convenience are not considered Federal records. This includes copies of information kept only for reference.

Victoria Nourse, a professor of law at Georgetown Law, explained that the State of the Union is a presidential record that must be sent to the National Archives for preservation under the Presidential Records Act. Pelosi ripped up her own copy, not the official record that is filed with the Archives.

Douglas Cox, a professor of law at the City of New York University School of Law, also confirmed that Pelosi's copy of the speech was not a government record or government property. It was her personal property, and she was free to do with it as she pleased.

Therefore, it is clear that the copy of the speech ripped up by Pelosi was not an official document, and she did not break any laws by tearing it up.

The copy was not filed or deposited with an official

The copy of the State of the Union address that was ripped up by House Speaker Nancy Pelosi was not filed or deposited with an official. It was handed to her by President Donald Trump before he began his speech, and it remained her personal property.

According to the Presidential and Federal Records Act amendments of 2014, duplicate copies of records preserved only for convenience are not considered Federal records. This includes copies of information kept only for reference.

The copy of the speech was not an official government document or record, and therefore did not fall under the requirements for documents that cannot be destroyed according to the relevant code.

Legal experts, including Victoria Nourse of Georgetown Law, confirmed that the copy of the speech was not filed or deposited officially with the Speaker or Vice President. It was the President's copy that was the official record, which was preserved for the National Archive.

As the copy ripped by Pelosi was not filed or deposited with an official, she did not break the law.

The copy was personal property

The copy of the State of the Union address that was ripped by House Speaker Nancy Pelosi was not a government record or government property. It was personal property. This is because the document was not "filed or deposited" with her, nor did she have "custody" of it in the legal sense.

Video footage of the event shows that President Trump handed copies of his speech to both Vice President Mike Pence and Pelosi before he began speaking. According to the Presidential and Federal Records Act amendments of 2014, duplicate copies of records preserved only for convenience are not considered Federal records. This includes copies of information 'kept only for reference'.

The State of the Union address is a presidential record, which must be sent to the National Archives under the Presidential Records Act. However, Pelosi did not mutilate the record that is filed with the Archives. If the statute were not interpreted in this way, then any copy of the State of the Union held by anyone could never be destroyed.

Under House rules, members of Congress are encouraged to preserve records or donate them to a research institution for historical study. However, unlike congressional committees, members are not legally required to hold onto their office's files. They can keep them private, destroy them, or rip them up.

The copy was not a government record

The copy of the State of the Union address that Nancy Pelosi ripped up was not a government record. It was a copy of Trump's speech, not the original, and it was not filed or deposited in a public office of the United States. The original copy of the State of the Union address is a presidential record that must be sent to the National Archives for safekeeping under the Presidential Records Act. Pelosi ripped up her own copy, not the official one.

According to legal experts, Pelosi did not violate the law. The copy of the speech that she destroyed was not an official government document. It was given to her by Trump as a memento and was not an official deposit. It was a performative and symbolic expression, which is protected by the First Amendment.

The statute in question, 18 U.S.C. § 2071, deals with the "concealment, removal, or mutilation" of government records. It sets a penalty for anyone who "conceals, removes, mutilates, obliterates, or destroys" any government record "filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States." The statute also says that any person with "custody" of a government record cannot "willfully and unlawfully" perform any of the above actions.

Pelosi's copy of the speech was not a government record or government property. It was personal property. Under House rules, members of Congress are encouraged to preserve records or donate them to a research institution, but they are not legally required to do so. They can keep them private, destroy them, or rip them up.

The purpose of the records law is to prevent someone from depriving the government of the use of its documents. Pelosi's action did not preclude future generations from accessing the State of the Union address, as there are countless copies available, including the version posted online by the White House. If the statute were interpreted to include any copy of the State of the Union, then no copy could ever be destroyed.

The copy was not the only one in existence

The copy of the State of the Union address that Nancy Pelosi ripped up was not the only one in existence. In fact, there are probably countless copies of the address, including the version posted online by the White House. Pelosi's action does not prevent future generations from accessing the content of the speech.

Victoria Nourse, a professor of law at Georgetown Law, said:

> If the statute were not read this way, then any copy of the State of the Union held by anyone could never be destroyed.

The copy of the speech that Pelosi destroyed was a personal copy handed to her by President Trump. It was not filed or deposited with an official, and therefore did not fall under the requirements for documents that cannot be destroyed.

According to the Presidential and Federal Records Act amendments of 2014, duplicate copies of records preserved only for convenience are not considered Federal records. This includes copies of information kept only for reference.

Frequently asked questions