Did Pelosi Violate Any Laws By Tearing Up The Sotu?

U.S. House of Representatives Speaker Nancy Pelosi caused a viral moment on social media when she ripped up her copy of President Donald Trump's State of the Union (SOTU) speech. This action sparked claims that she had broken the law, with some suggesting she may face harsh penalties or even incarceration. However, legal experts have since confirmed that Pelosi did not break the law, as the document she destroyed was not an official government record.

Copy not an official document

Nancy Pelosi, the Speaker of the United States House of Representatives, ripped up her copy of President Donald Trump's State of the Union (SOTU) speech at the end of the session. This incident sparked widespread claims on social media that she had broken the law, with articles and tweets being shared over 12,000 times.

However, the copy of the speech that Pelosi ripped was not an official document. 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 President's copy of the speech is the official record that goes to the National Archive, and Pelosi ripped her own copy, not his.

According to legal experts, Pelosi did not violate the law. Victoria Nourse, a professor of law at Georgetown Law, explained that the State of the Union isn't "filed or deposited" officially with the Speaker or Vice President; they just get a copy. Nourse further stated that "the SOTU is a Presidential Record, which must go to the National Archives under the Presidential Records Act. She (Pelosi) did not mutilate the 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 "is not a government record or government property at all. It is personal property." Members of Congress are not legally required to hold onto their office's files and can "keep them private, destroy them, or rip them up."

In conclusion, the copy of the SOTU speech that Nancy Pelosi ripped was not an official document, and therefore, she did not break the law.

Copy not filed or deposited with Pelosi

In 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address, prompting accusations from Trump and conservative pundits that she had broken the law.

The copy of the speech was handed to Pelosi by Trump before he began his address, and she tore it up at the end of the session. This act was visible on video footage, which was circulated online.

Trump and his supporters claimed that Pelosi's actions were illegal, with some citing 18 U.S.C. § 2071, a federal statute that prohibits the destruction of government records. They argued that Pelosi's copy of the speech was an official document and that her actions were a violation of the law.

However, legal experts unanimously disagreed with this interpretation. They clarified that the statute in question pertains to records "filed or deposited" with a clerk or officer of a court of the United States, or in any public office. Pelosi's copy of the speech was not "filed or deposited" with her, nor did she have "custody" of it in the legal sense. It was simply a copy that Trump had handed to her.

As Douglas Cox, a professor of law at the City of New York University School of Law, explained, "Her copy of the State of the Union address is not a government record or government property at all, it is personal property." Members of Congress are not legally required to hold onto their office's files and can keep them private, destroy them, or rip them up.

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

In conclusion, the copy of the State of the Union address that Nancy Pelosi tore up was not filed or deposited with her as an official document. It was a personal copy given to her by President Trump, and her actions did not violate any laws.

Copy not government property

In February 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address, drawing the ire of Republicans. Some, including Trump himself, claimed that Pelosi may have committed a violation of 18 U.S.C. § 2071, Section 2071 (a), which is punishable by up to three years in prison. This claim was repeated and gained traction on social media, with known conservatives such as Donald Trump Jr., Charlie Kirk, Carl Higbie, and congressman Dan Bishop all sharing similar sentiments.

However, legal experts unanimously disagreed with this assertion. They clarified that Pelosi's copy of the State of the Union address was not a government record or government property. It was a personal copy given to her by Trump, and it was not "filed or deposited" with her in an official capacity. Furthermore, the purpose of the records law is to prevent the destruction of records in official repositories like the National Archives or in courts, which was not the case here.

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 did not mutilate or destroy the official record, and her action does not preclude future generations from accessing the address. Nourse further stated that if the statute were interpreted to criminalize the destruction of any copy of the State of the Union, then no copy could ever be destroyed.

In conclusion, the claim that Nancy Pelosi broke the law by ripping her copy of the State of the Union speech is false. Pelosi's copy was not an official document or government property, and she did not violate any laws by destroying her personal copy.

Copy not the only one in existence

Following US President Donald Trump's State of the Union address in 2020, House Speaker Nancy Pelosi tore up her copy of the speech. This sparked a flurry of comments on social media, with many claiming that Pelosi had committed a felony by shredding an official government document.

However, legal experts have since confirmed that Pelosi did not break the law. The copy of the speech that Pelosi tore up was not an official government document. 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 document in question is not considered a government record or government property. It is personal property. Members of Congress are not legally required to hold onto their office's files and can keep them private, destroy them, or rip them up.

Furthermore, the purpose of the records law is to prevent someone from depriving the government of the use of its documents. Pelosi's move did not fit within the statute as there are probably countless copies of Trump's address, including the version the White House posted online.

In conclusion, while Pelosi's actions may have been controversial and disrespectful to some, they did not break the law as the copy of the speech she tore up was not the only one in existence.

Protected by the Constitution's speech or debate clause

The Speech or Debate Clause in the United States Constitution (Article I, Section 6, Clause 1) states that members of Congress:

> "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

The purpose of this clause is to prevent a U.S. President or other executive branch officials from arresting members on a pretext to prevent them from voting a certain way or taking actions with which the President might disagree. It also protects members from civil suits related to their official duties.

In the case of Nancy Pelosi ripping up her copy of President Donald Trump's State of the Union address, legal experts have argued that Pelosi's actions could be protected under the Speech or Debate Clause. Heidi Kitrosser, a law professor at the University of Minnesota, stated that Pelosi's disagreement with Trump's speech is protected by the First Amendment "and in Pelosi's case, under the speech and debate clause of the Constitution".

The interpretation of the Speech or Debate Clause in this context is that Pelosi's act of ripping up her copy of the speech was a form of symbolic speech or expression, which is protected by the First Amendment. Additionally, the copy of the speech that Pelosi ripped up was not an official government document but rather her personal property, further supporting the argument that she did not violate any laws.

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