Pelosi's Speech Ripping: Lawful Or Unlawful?

House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address in February 2020, sparking outrage among conservatives and claims that she had broken the law. However, legal experts have since confirmed that Pelosi did not violate any federal laws, as the copy of the speech she destroyed was not an official government document.

Pelosi's copy of the speech was not an official document

In 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address, prompting questions about the legality of her actions. Some, including President Trump, alleged that Pelosi had violated 18 U.S.C. § 2071, a federal law that pertains to the protection of government property and the prevention of concealment, removal, mutilation, obliteration, or destruction of official records. This claim quickly spread on social media, with articles and tweets shared thousands of times.

However, legal experts and scholars unanimously agree that Pelosi's actions did not break the law, as the copy of the speech she tore up was not an official document. The statute in question criminalizes the destruction of government records, specifically those "filed or deposited" with a clerk or officer of a court of the United States, in any public office, or with a judicial or public officer of the United States. Pelosi's copy of the speech was not filed or deposited in a public office but was simply handed to her by President Trump as a memento. It was not an official deposit but rather an act of theatre.

The official copy of the State of the Union address, which is considered a presidential record, is submitted to the National Archives for preservation as a permanent record under the Presidential Records Act. This copy is the official record that cannot be destroyed. However, the copies provided to the Vice President, members of Congress, and the media can be kept or discarded without legal repercussions.

In conclusion, while the ethics and appropriateness of Pelosi's actions are subject to debate, her copy of the speech was not an official document, and her actions did not violate 18 U.S.C. § 2071 or any other federal laws.

The copy was not filed or deposited with an official

The copy of the State of the Union address that was torn up by Nancy Pelosi was not an official government document. It was a copy of the 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 for preservation as a permanent record. Pelosi ripped up her own copy, not the President's.

Under House rules, members of Congress are encouraged to preserve records or donate them to a research institution for historical study, but they are not legally required to hold onto their office's files. They can keep them private, destroy them, or rip them up. This is in contrast to presidential records, which are considered government property and are supposed to be stored with the National Archives for safekeeping.

The copy of the speech that Pelosi tore up was not filed or deposited with an official and therefore does not fall under the requirements for documents that cannot be destroyed according to the Code's definition. Pelosi did not break the law when she tore up her copy of the State of the Union address.

The viral claims that Pelosi broke the law are false from a legal standpoint. The code that was used in these claims (18 U.S.C. § 2071, Section 2071) states that any person who "willfully and unlawfully 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" shall be fined or imprisoned or both.

The copy of the speech that Pelosi tore up was not filed or deposited with any official and therefore does not meet the requirements for documents that cannot be destroyed according to the Code's definition.

Pelosi's copy was personal property

The notion that Pelosi's copy of the address was subject to a criminal statute was widely dismissed by legal experts. Pelosi's copy of the speech was not an official document, but rather a copy given to her by the president. 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 Code.

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

The National Archives and Records Administration (NARA) confirmed that they will receive the President's copy of the speech for preservation as a permanent record, but they do not have information about the record status of Pelosi's copy. NARA also stated that the rules governing the records of the House and Senate are determined by each chamber's agreed-upon rules, not by federal laws or NARA.

In conclusion, Pelosi's copy of the speech was her personal property, and she did not break any laws by tearing it up.

The original speech was submitted to the National Archives

The National Archives and Records Administration (NARA) preserves and provides access to the permanent records of Federal Agencies and the President in accordance with the laws and regulations that govern the disposition of those records. Although NARA also holds the historical records of the House and Senate, those records remain the legal property of the respective Chambers. The rules governing those records are not determined by federal laws or overseen by NARA but rather by each Chamber's agreed-upon rules.

While NARA does not have information about the record status of Speaker Pelosi's copy of the speech, they will receive the President's version for preservation as a permanent record in accordance with the Presidential Records Act. The President's copy of the State of the Union address is the official record that must be submitted to the National Archives under the Presidential Records Act.

The copy of the speech that Pelosi tore up was not the official record. It was a copy of the President's speech, similar to the copies provided to the Vice President, members of Congress, and the media. Therefore, her actions did not break the law, although they are still up for ethical debate.

Pelosi's actions were symbolic and protected by the First Amendment

In February 2020, House Speaker Nancy Pelosi tore up her copy of President Donald Trump's State of the Union (SOTU) speech. This action was highly symbolic and caused a stir, with Trump and his Republican allies criticising Pelosi's action as an act of disrespect and an illegal act. However, legal experts disagreed and asserted that Pelosi's actions were protected by the First Amendment.

Firstly, it is important to note that Pelosi tore up a copy of the speech, not the original document. This distinction is crucial as the copy is not considered an official government document or an archival document. It was simply one of many copies of the speech distributed to members of Congress. The original SOTU speech is available for viewing online and is also delivered orally by the President. Therefore, the copy that Pelosi tore up is not subject to the same legal restrictions as an official, archival document.

Secondly, the act of tearing up the speech falls under symbolic expression and is protected by the First Amendment. Heidi Kitrosser, a law professor at the University of Minnesota, stated that "Trump's words are not sacred, and even if they were, expressions of disagreement with them would be protected." Pelosi's action was a form of political expression, indicating her disagreement with the President's address. Steven Aftergood, a records expert, also affirmed that "Pelosi was expressing contempt for the president's speech, and her views are constitutionally protected."

Furthermore, the specific statute cited by critics, 18 U.S.C. § 2071, does not apply in this case. This statute pertains to the destruction of official records filed or deposited with a court or government agency. However, Pelosi's copy of the speech was not filed or deposited with any official entity, and therefore, her actions did not violate this statute. William Eskridge, a professor at Yale Law, confirmed that "the statute does not criminalize Pelosi's expressive action of tearing up her copy of the speech."

In conclusion, Pelosi's actions were symbolic and did not violate any laws. Her right to express disagreement with the President's speech is protected by the First Amendment, and the copy of the speech she tore up is not considered an official government record.

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