Cecily Zamora
Following President Donald Trump's State of the Union address in February 2020, House Speaker Nancy Pelosi tore up her copy of the speech, sparking accusations that she had broken the law. Trump himself weighed in, telling reporters, First of all, it's an official document. You're not allowed—it's illegal what she did. She broke the law. This claim was echoed by conservative pundits and lawmakers, including Rep. Matt Gaetz, who filed an ethics complaint against Pelosi, citing a potential violation of 18 U.S.C. § 2071, which pertains to the protection of government property and public records. However, legal experts widely dismissed the notion that Pelosi had committed any crime, asserting that her copy of the speech was not an official government document and that she was well within her rights to destroy it.
| Characteristics | Values |
|---|---|
| Name | Nancy Pelosi |
| Law Allegedly Broken | 18 U.S.C. § 2071, Section 2071 (a) |
| Alleged Violation | Tearing up a copy of President Donald Trump's State of the Union address |
| Fact | Pelosi's copy of the address was not an official document |
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Was Nancy Pelosi's copy of the State of the Union address a government record?
On February 4, 2020, House Speaker Nancy Pelosi tore up her copy of President Donald Trump's State of the Union address after he delivered it to a joint session of Congress. This action caused controversy, with Trump and his Republican allies claiming that Pelosi's conduct was illegal. They alleged that she had violated 18 U.S.C. § 2071, which pertains to the "concealment, removal, or mutilation" of federal records. However, legal experts have widely refuted this claim, asserting that Pelosi's copy of the speech was not a government record.
The debate centres on the interpretation of 18 U.S.C. § 2071, which states that it is unlawful for any person with "custody" of a government record to "willfully and unlawfully conceal, remove, mutilate, obliterate, falsify or destroy" it. The statute applies to records that have been "filed or deposited" with any clerk or officer of a US court, public office, or judicial or public officer.
Legal experts, including Heidi Kitrosser, a law professor at the University of Minnesota, and Victoria Nourse, a Georgetown Law professor, argue that Pelosi's copy of the State of the Union address was not a government record or government property. They emphasize that the text was never "filed or deposited" with Pelosi, nor did she have legal "custody" of it. Furthermore, they highlight that there are countless copies of the address, including the version posted online by the White House, ensuring that future generations will still have access to the content.
Additionally, experts point out that the State of the Union address is a presidential record, which, under the Presidential Records Act, must be sent to the National Archives for preservation. Pelosi's copy, being just one of many, is not considered an official record and therefore, her action of tearing it up is not illegal.
In summary, while Nancy Pelosi's conduct of tearing up her copy of the State of the Union address caused controversy, legal experts agree that it did not constitute a violation of 18 U.S.C. § 2071. Her copy of the speech was not a government record, and she was well within her rights to do with it as she pleased.
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Did Pelosi violate 18 U.S.C. § 2071?
On February 4, 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address. This act drew the ire of Republicans, with one conservative pundit saying she deserved more than just ridicule from her GOP colleagues.
Turning Point USA founder Charlie Kirk claimed in a tweet 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. Kirk's claim spread on Twitter, with former congressional candidate Carl Higbie, North Carolina Rep. Dan Bishop, and Donald Trump Jr. all repeating or retweeting it.
However, legal experts unanimously disagreed with Kirk's interpretation of the law. They asserted that Pelosi's copy of Trump's speech was not a government record or government property, but rather her personal property. The text was never "filed or deposited" with her, nor did she have "custody" of it in the legal sense.
The statute in question, 18 U.S.C. § 2071, deals with the "concealment, removal, or mutilation generally" of government records. It sets a penalty for anyone who "conceals, removes, mutilates, obliterates, or destroys" any government record "filed or deposited" with a judicial or public officer of the United States.
Georgetown Law professor Victoria Nourse clarified that the purpose of the statute is to prevent the destruction of records in official repositories like the National Archives or courts. Pelosi's actions did not fit this description, and therefore she did not violate the law.
In summary, while Nancy Pelosi's act of tearing up Trump's speech may have been controversial, it did not violate 18 U.S.C. § 2071. The document she destroyed was not a government record, and she was well within her rights to do with her personal copy as she pleased.
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What is the punishment for violating 18 U.S.C. § 2071?
In response to House Speaker Nancy Pelosi tearing up her copy of President Donald Trump's State of the Union address in February 2020, some, including the president himself, alleged that she had violated 18 U.S.C. § 2071, a federal law that deals with the "concealment, removal, or mutilation" of federal records.
However, legal experts widely dismissed this claim, stating that Pelosi's copy of the address was not a government record or government property, and thus she did not break the law.
Now, to address the question of what the punishment is for violating 18 U.S.C. § 2071: According to the U.S. Code, anyone 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" can be fined, imprisoned for not more than three years, or both. Additionally, if someone with "custody" of a government record engages in any of the aforementioned actions, they shall be subject to the same penalties and shall "forfeit his office and be disqualified from holding any office under the United States."
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What is the First Amendment protection?
In 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address, sparking debate about whether she had broken the law. Some, including Trump himself, alleged that Pelosi's actions were illegal, with Turning Point USA founder Charlie Kirk claiming she had committed a violation of 18 U.S.C. § 2071, which is punishable by up to three years in prison.
However, legal experts widely dismissed the idea that Pelosi had violated any law, stating that her copy of the address was not an official document and that she did not commit mutilation of a government record.
First Amendment Protection
The First Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, protects the fundamental rights to express oneself, gather with others, and protest the government, among other rights. Here are some key aspects of First Amendment protection:
- Viewpoint Neutrality: The government cannot restrict speech based on its viewpoint. This means that local and federal government agencies must treat all viewpoints equally and cannot discriminate against or censor certain expressions.
- Government Agencies Included: The First Amendment applies to all local and federal government agencies, including public schools, public transportation, and law enforcement.
- Protection for Government Employees: Most government employees have the right to express their personal political views on their own time, as long as they are speaking as private individuals, the speech is about a matter of public concern, and it does not interfere with their job.
- Traditional Public Forums: Your free speech rights are strongest in traditional public forums like streets, sidewalks, and parks, where people commonly gather to exchange ideas and express their views.
- Lawful Protests: Police may only break up a lawful protest as a last resort if there is a clear and present danger, if it interferes with traffic, or if there is an immediate threat to public safety.
- Limitations: The First Amendment protects against government censorship but not censorship by private organizations or individuals. It covers protest but not civil disobedience, and while it protects the right to express yourself, it allows the government to restrict when, where, and how you do it to minimize disruption.
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What is the National Archives and Records Administration's role?
The National Archives and Records Administration (NARA) is an independent agency of the United States government within the executive branch. It is responsible for the preservation and documentation of government and historical records, as well as increasing public access to those documents that make up the National Archives. NARA is also responsible for maintaining and publishing the legally authentic and authoritative copies of acts of Congress, presidential directives, and federal regulations.
The National Archives, headquartered in Washington, D.C., administers fifteen Presidential Libraries and Museums, as well as fifteen research facilities across the country. Its online catalog offers over 160 million records, ranging from before the start of the republic to modern times. However, these digitized records only represent a small fraction of the over 13 billion pages in NARA's holdings.
NARA governs federal records and information policy for the executive branch and preserves and provides access to the records of the judicial and legislative branches. It is also tasked with resolving FOIA disputes between federal agencies and requesters, as well as reviewing FOIA policies, procedures, and compliance of federal agencies.
The Archivist of the United States is the chief official overseeing NARA's operations and is responsible for maintaining the official documentation of the passage of amendments to the U.S. Constitution. They also have the authority to declare when an act has become an amendment.
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Frequently asked questions
No, her copy of the address wasn't an official document.
No, she ripped up a copy of the speech, not the original.
No, according to the Presidential and Federal Records Act amendments of 2014, duplicate copies of records preserved only for convenience are not considered Federal records.
No, she did not commit a federal crime as the copy of the speech was not a government record or government property.
No, the federal law referenced by Rep. Matt Gaetz pertains to the protection of government property and the protection of public records and documents. The copy of the speech that Pelosi ripped up was not the original and therefore not a government record.
