Nancy Pelosi is an American politician who served as the 52nd Speaker of the United States House of Representatives and was the first woman to do so. She has represented California's 11th Congressional District in Congress for 37 years and has been a prominent figure in American politics for decades. Pelosi's long career has been marked by legislative achievements and historic firsts, but it has also been marred by accusations and controversies, including claims that she broke the law. One notable allegation emerged in 2020 when Pelosi tore up a copy of President Donald Trump's State of the Union address. This act sparked outrage among Republicans, with some claiming that she had violated 18 U.S.C. § 2071, a law prohibiting the destruction of government records. However, legal experts unanimously disagreed, stating that Pelosi's copy of the speech was not a government record and that she had done nothing illegal.
Characteristics | Values |
---|---|
Did Nancy Pelosi break the law? | No |
What was she accused of? | Ripping up her copy of the President's State of the Union speech |
What law was she accused of breaking? | 18 U.S. Code § 2071 |
What does the law state? | "Concealment, removal, or mutilation generally" of records and reports |
What was the defence? | Pelosi's copy of the speech wasn't an official document |
What You'll Learn
- Did Nancy Pelosi break the law by ripping up Trump's State of the Union speech
- Did Nancy Pelosi break the law by inciting violence
- Did Nancy Pelosi break the law by not maintaining the security of the Capitol
- Did Nancy Pelosi break the law by not taking action against the Capitol riots
- Did Nancy Pelosi break the law by not cooperating with the National Guard
Did Nancy Pelosi break the law by ripping up Trump's State of the Union speech?
U.S. House Speaker Nancy Pelosi caused controversy when she tore up President Donald Trump's State of the Union speech in February 2020. Pelosi said she did this because the speech ''shredded the truth", and she could not find a page "that didn't have a lie on it".
Trump and some conservative pundits, including Charlie Kirk and Donald Trump Jr., claimed that Pelosi broke the law by ripping up the speech. They alleged that she violated 18 U.S.C. § 2071, which deals with the "concealment, removal, or mutilation" of federal records. This claim was shared widely on social media and by some conservative media outlets.
However, legal experts have widely dismissed the idea that Pelosi broke the law. They argue that the copy of the speech that Pelosi ripped up was not an official government document. It was a copy that had been handed to her by Trump, and it was not "filed or deposited" with her, nor did she have ''custody'' of it in the legal sense. Victoria Nourse, a professor of law at Georgetown Law, said that the point of the statute is to "prevent people from destroying records in official repositories like the National Archives or in courts".
William Eskridge, a professor at Yale Law, confirmed that the code in question does not criminalize Pelosi's actions, as the copy of the speech was not an official file. Pelosi's supporters also argued that her actions were protected by the First Amendment.
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Did Nancy Pelosi break the law by inciting violence?
On January 6, 2021, a mob of former President Donald Trump's supporters violently attacked the United States Capitol, breaching police perimeters and entering the building. The attack occurred shortly after a "Stop the Steal" rally led by Trump, who had been baselessly claiming that the 2020 election was stolen from him due to widespread electoral fraud.
In the lead-up to the attack, Trump had been encouraging his supporters to "fight like hell" and "be wild" at the rally. During his speech at the rally, he told his supporters to "walk down Pennsylvania Avenue" to the Capitol and "try and give...weak Republicans...the kind of pride and boldness that they need to take back our country".
Trump's rhetoric has been widely condemned as inciting the violence that occurred on January 6. He was impeached by the House of Representatives for "incitement of insurrection" but was later acquitted by the Senate.
It is not clear whether House Speaker Nancy Pelosi, a frequent target of Republican ire, has accused Trump of inciting violence. However, she has described the attack as a "tragedy" and urged Americans not to be "conned" by claims that the election was stolen.
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Did Nancy Pelosi break the law by not maintaining the security of the Capitol?
There are conflicting opinions on whether Nancy Pelosi, the former Speaker of the United States House of Representatives, is responsible for the security failures that led to the breach of the Capitol on January 6, 2021.
Some sources claim that Pelosi is not solely responsible for Capitol security. Instead, they assert that security is provided by the sergeants-at-arms of the House and Senate, who are the chief law enforcement officers, in coordination with the Capitol Police. The Capitol Police Board, consisting of the House and Senate Sergeants at Arms, the Architect of the Capitol, and the Chief of the Capitol Police, is responsible for overseeing security and approving requests for National Guard assistance. As such, the Speaker of the House does not have direct authority over Capitol security or the Capitol Police Board.
However, others argue that while Pelosi may not have had direct control, she still bears some responsibility. In footage obtained by the United States Committee on House Administration, Pelosi herself stated, "I take responsibility" for the security failures of the Capitol on January 6. This statement, made while she was being evacuated, contradicts her subsequent actions, where she created the January 6 Select Committee to blame former President Donald Trump for the security lapses. Additionally, some Republican lawmakers, including Rep. Jim Jordan of Ohio and Rep. Jim Banks, have asserted that Pelosi blocked the National Guard from coming to the Capitol during the insurrection, which is false.
In conclusion, while the direct responsibility for Capitol security does not fall solely on Pelosi, her position as Speaker of the House places her within the chain of command. The extent of her involvement in the security failures and whether she broke any laws by not maintaining the security of the Capitol remains a subject of debate and further investigation.
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Did Nancy Pelosi break the law by not taking action against the Capitol riots?
There is no evidence to suggest that Nancy Pelosi, the former Speaker of the House, broke the law by not taking action against the Capitol riots. In fact, new footage from January 6, 2021, shows that Pelosi took charge of the situation as she sheltered at Fort McNair, two miles south of the Capitol. She tried to find a way for the House and Senate to reconvene despite the turmoil, and urged leaders to send help. Pelosi and Senate Majority Leader Chuck Schumer also appealed to military leaders, asking the Army to deploy the National Guard.
Some have falsely claimed that Pelosi blocked the National Guard from coming to the Capitol during the insurrection. However, as Speaker of the House, she does not direct the National Guard. The decision to call National Guard troops to the Capitol is made by the Capitol Police Board, which is composed of the House Sergeant at Arms, the Senate Sergeant at Arms, and the Architect of the Capitol. There is no evidence that Pelosi directed security officials not to call the Guard. In fact, she immediately supported the deployment of the National Guard when presented with that recommendation on the afternoon of January 6.
In the footage, Pelosi can be heard expressing her frustration with then-President Trump's inaction in the face of the danger posed by the rioters. She stated that the rioters were "breaking the law in many different ways" and that this was "at the instigation of the president of the United States." Pelosi also threatened to "punch [Trump] out" if he came to the Capitol, stating that she would be happy to go to jail for it.
While Pelosi did not break any laws, she did face criticism for her handling of the situation. Chairman Barry Loudermilk of the House Administration Subcommittee on Oversight obtained documentary footage recorded by Pelosi's daughter, Alexandra, which showed Pelosi admitting that, as Speaker of the House, she was responsible for the security failures and for not having the National Guard at the Capitol. However, Pelosi never publicly took responsibility for the security failures and instead created a Select Committee to shift the blame to President Trump.
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Did Nancy Pelosi break the law by not cooperating with the National Guard?
There is no evidence that Nancy Pelosi broke the law by not cooperating with the National Guard. As Speaker of the House, she does not have the authority to activate the National Guard, nor does any member of Congress. Only the president, defense secretary and US Army secretary can do so.
On January 6, 2021, during the Capitol insurrection, Pelosi and then-Senate Majority Leader Mitch McConnell called for military assistance, including from the National Guard, as the Capitol came under attack. The Capitol Police Board, which decides whether to call in the National Guard, did not do so until after the rioting had already begun. Pelosi and McConnell were not involved in this decision.
Some have claimed that Pelosi blocked the National Guard from coming to the Capitol, or that she turned down an offer from then-President Donald Trump to send in troops. These claims are false. Trump himself did not sign any order to deploy troops, and Pelosi does not have the power to block an order from the commander-in-chief.
In a video from January 6, 2021, Pelosi is heard saying, "I take responsibility for not having them just prepare for more," in reference to the lack of security at the Capitol. However, this statement does not indicate that she broke the law, as she did not have the authority to activate the National Guard.
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Frequently asked questions
No, her copy of the president's speech isn't an official document.
No, there is no evidence that Pelosi broke any laws during the Capitol riots.
No, there is no law that requires members of Congress to ban themselves from trading stocks.
No, there is no law that prohibits a House Speaker from travelling to Taiwan.