Did Nancy Pelosi Break The Law?

Nancy Pelosi is an American politician who served as the 52nd Speaker of the United States House of Representatives. In 2020, Pelosi tore up a copy of President Donald Trump's State of the Union address, leading some to question whether she had broken the law. Trump himself claimed that Pelosi had broken the law, and conservative pundits agreed, with some even suggesting she could face jail time. However, legal experts have since refuted this claim, stating that Pelosi's copy of the speech was not a government record and that she did not violate any laws by destroying it. Pelosi has also been accused of breaking the law during the 2021 Capitol riots, but no specific legislation has been cited.

Did Nancy Pelosi break the law by tearing up Trump's State of the Union speech?

In February 2020, Nancy Pelosi, the House Speaker, tore up a copy of President Donald Trump's State of the Union address, drawing the ire of Republicans. Trump himself claimed that Pelosi's actions were illegal, saying:

> "I thought it was a terrible thing when she ripped up the speech...First of all, it's an official document. You're not allowed. It's illegal what she did. She broke the law..."

Florida Congressman Matt Gaetz sent a letter to the House Committee on Ethics requesting an investigation into Pelosi, stating that she may have violated numerous House rules and a law that prohibits the willful destruction of documents "filed or deposited" in public office. Turning Point USA founder Charlie Kirk also claimed on Twitter 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.

However, legal experts unanimously disagreed with these claims, stating that Pelosi's copy of the speech was not a government record or government property, and therefore she did not break the law. The text of the State of the Union address was never "filed or deposited" with Pelosi, nor did she have "custody" of it in the legal sense.

According to Douglas Cox, a professor of law at the City of New York University School of Law,

> "Her copy of the State of the Union address is not a government record or government property at all...They can keep them private, they can destroy them, or they can rip them up."

Furthermore, there are countless copies of Trump's address, including the version posted online by the White House, ensuring that Pelosi's actions do not preclude future generations from accessing the speech.

Did she violate 18 U.S.C. § 2071, Section 2071 (a)?

In February 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address. This act led to claims that she had violated 18 U.S.C. § 2071, Section 2071 (a), which pertains to the "concealment, removal, or mutilation" of government records.

Section 2071 (a) states that any person who "conceals, removes, mutilates, obliterates, or destroys" any government record "filed or deposited" with a clerk or officer of any court of the United States, or in any public office, is subject to penalties. These penalties include fines, imprisonment of up to three years, forfeiture of office, and disqualification from holding any office under the United States.

However, legal experts unanimously disagreed with the claim that Pelosi violated this law. They asserted that Pelosi's copy of the State of the Union address was not a government record. It was never officially "filed or deposited" with her, nor did she have legal "custody" of it. The speech was handed to her by Trump as a memento, and her copy was personal property.

Furthermore, the Presidential Records Act of 1978 designates presidential records as government property, and these are required to be stored with the National Archives for safekeeping. The State of the Union address is considered a presidential record and, as such, the official copy that goes to the National Archives is the one that Trump himself holds. Pelosi's copy was not the official record, and her action did not prevent future generations from accessing the address, as there are countless other copies available.

In conclusion, while Nancy Pelosi's act of tearing up the State of the Union address may have been controversial and symbolic, it did not violate 18 U.S.C. § 2071, Section 2071 (a). Her copy of the speech was not an official government record, and therefore, her actions did not meet the criteria for the violation as defined by the law.

Was the State of the Union address a government document?

The State of the Union Address is an annual message delivered by the President of the United States to a joint session of Congress, usually in January or February. It is mandated by Article II, Section 3, Clause 1 of the U.S. Constitution, which states:

> The President shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.

The address typically includes reports on the nation's budget, economy, news, agenda, achievements, and the President's priorities and legislative proposals. It is seen as a communication between the President and the people of the United States and is broadcast live in all U.S. time zones on most networks.

While the State of the Union Address is mandated by the U.S. Constitution, the term "State of the Union" was first used by Franklin D. Roosevelt in 1934 and became the generally accepted name since 1947. The address was first delivered in person by George Washington in 1790. However, Thomas Jefferson discontinued the practice in 1801, deeming it too monarchical, and subsequent presidents until Woodrow Wilson in 1913 delivered written messages to Congress.

In terms of its legal status, the State of the Union Address is a government document. It is a presidential record and must be stored with the National Archives under the Presidential Records Act of 1978. However, this does not mean that all copies of the address are government records. For example, in 2020, House Speaker Nancy Pelosi tore up her copy of President Donald Trump's State of the Union address. This act sparked controversy, with some claiming that Pelosi had violated 18 U.S.C. § 2071, which prohibits the destruction of government records. However, legal experts unanimously disagreed, stating that Pelosi's copy of the address was not a government record and that she was within her rights to do with it as she pleased.

Did she have custody of a government record?

In February 2020, House Speaker Nancy Pelosi tore up a copy of President Donald Trump's State of the Union address. This action drew the ire of Republicans, with some claiming that she had broken the law.

Turning Point USA founder Charlie Kirk wrote in a tweet that Pelosi had committed a violation of 18 U.S.C. § 2071, Section 2071 (a), which is punishable by up to three years in prison. This statute deals with the "concealment, removal, or mutilation" of government records.

However, legal experts unanimously disagreed with Kirk's claim. They asserted that Pelosi's copy of Trump's speech was not a government record and that she did not have "custody" of it in the legal sense. The text was never "filed or deposited" with her, and she was free to do with it as she pleased.

In conclusion, while Nancy Pelosi's actions may have been controversial, she did not break the law regarding the destruction of government records.

Did she break the law that bans destroying official documents?

There is no evidence that Nancy Pelosi broke the law that bans destroying official documents.

In February 2020, Pelosi tore up a copy of President Donald Trump's State of the Union address. This led to accusations from Trump and conservative pundits that she had violated 18 U.S.C. § 2071, which prohibits the destruction of government records. However, legal experts unanimously disagreed with this interpretation.

They argued that Pelosi's copy of the speech was not a government record or government property. It was given to her by Trump, and she was free to do with it as she pleased. The statute in question pertains to documents that have been "filed or deposited" with a court or public office, which was not the case with Pelosi's copy of the speech.

Furthermore, the purpose of the records law is to prevent the destruction of records in official repositories, such as the National Archives or courts. Pelosi's action did not hinder 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.

Legal scholars also pointed out that interpreting the law to include any copy of the State of the Union speech held by anyone would mean that no copy could ever be destroyed, which is not a reasonable application of the statute.

Therefore, it can be concluded that Nancy Pelosi did not break the law that bans destroying official documents when she tore up her copy of the State of the Union address.

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