Last night at the conclusion of the State of the Union address, Speaker of the House Nancy Pelosi held up her copy of the address and tore it up behind the president’s back. When asked why she ripped up the address she told the reporter “because it was a manifest of mistruths.”
Her actions took most by surprise. It was noted by some on Twitter that Pelosi’s actions may violate a federal statute. Donald Trump Jr. retweeted former Navy Seal Carl Higbie, who’s tweet makes the claim that Pelosi’s actions violate, 18 U.S.C § 2071. Higbie quotes only part of the code in his tweet.
See tweet below:
If Trump broke this law the Democrats would try to impeach him… https://t.co/X5PQNDN7us
— Donald Trump Jr. (@DonaldJTrumpJr) February 5, 2020
It looks like others on Twitter are thinking the same thing, Pastor Rodney Howard-Browne tweeted something very similar.
See tweet below:
US Code prohibits the destruction of government records
— Rodney Howard-Browne (@rhowardbrowne) February 5, 2020
Nancy Pelosi may have just committed a violation of 18 U.S.C. § 2071, Section 2071 (a) when she ripped up President Trump’s State of the Union address
This violation is punishable by up to three years in prison
Please RT
However, according to a legal analysis article by Law and Crime, Pelosi did not violate 18 U.S.C § 2071 the article states:
“Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, 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 under this title or imprisoned not more than three years, or both.
Pay attention to the italics and it’s easy enough to understand why Pelosi’s personal shredding gesture would not rise to the behavior prohibited by the statute—and why people like Higbie and Kirk intentionally omitted the language. That’s because the document itself is not covered by the statute at all.
Trump handed Pelosi a copy of the speech. He didn’t file this copy with any official—clerk or otherwise—whose job it is to make sure such documents are collected, recorded and physically and legally protected. The president gave Pelosi a copy of his address as a memento of sorts. This action wasn’t an official deposit. It was an act of theater.”
We at Media Right News are only reporting what others are saying. We do not know if Pelosi could actually face any legal repercussions or if it is just wishful thinking on the part of some. There may be more updates to come.
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