
Reprinted with permission from MediaMatters
Right-wing media figures have begun freaking out over a moment during Tuesday night’s State of the Union when House Speaker Nancy Pelosi’s (D-CA) tore up what Trump assistant Dan Scavino called a signed copy of President Donald Trump’s remarks soon after he finished his speech — and some are demanding her arrest.
A majority of the complaints — which came from people like conservative radio host and QAnon conspiracy theorist Bill Mitchell, Carl Higbie, and Turning Point USA founder Charlie Kirk, among others— focus on an alleged violation of federal criminal law regarding the destruction of specific government documents.
US Code prohibits the destruction of government records
— Charlie Kirk (@charliekirk11) 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
🤔
NO ONE IS ABOVE THE LAW – ARREST PELOSI! – Pelosi Was Mandated to Preserve Trump's Signed Copy of His SOTU Speech — She Tore It Up Instead https://t.co/RJv7ReCumX via @gatewaypundit
— Bill Mitchell (@mitchellvii) February 5, 2020
FYI: @SpeakerPelosi destroyed an official government document.
— Carl Higbie (@CarlHigbie) February 5, 2020
18 US code 2071 states:
“Whoever, having the custody of destroys the same, shall be fined… shall forfeit his office and be disqualified from holding any office under the United States.”https://t.co/o5jzF4X43C pic.twitter.com/xbj3gCzzX8
Rush Limbaugh guest host Mark Steyn talked about it; so did radio host Sebastian Gorka.
A blog post on the right-wing website Gateway Pundit also focused on criminal law and Pelosi’s purported violation.
Other right-wing figures pushing the same narrative include right-wing evangelist and occasional QAnon peddler Rodney Howard-Browne:
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
And pro-Trump cartoonist Ben Garrison, whose invitation to Trump’s social media summit at the White House was rescinded after people pointed out his “blatantly” anti-Semitic cartoon:
#NancytheRipper new #TinaToon#PelosiTantrum petty hissy fit in front of the world! #SOTU "He who claps last, claps best!" #Clapback at ya Nans! @realDonaldTrump #Winning! #AmericaFirst funny post at https://t.co/zgyCGvk8zO She broke the law! U.S. Code 2071 pic.twitter.com/ZcCWykms4V
— GrrrGraphics Cartoons (@GrrrGraphics) February 5, 2020
Conservative pundit and race war fantasizer Kurt Schlichter:
NO ONE IS ABOVETHE LAW https://t.co/RzCILs2Tw3
— Kurt Schlichter (@KurtSchlichter) February 5, 2020
Presidential son and elephant trophy hunter Donald Trump Jr.:
If Trump broke this law the Democrats would try to impeach him… https://t.co/X5PQNDN7us
— Donald Trump Jr. (@DonaldJTrumpJr) February 5, 2020
Lawfare executive editor Susan Hennessey disputed their ability to interpret the United States criminal code:
The law cited does not even remotely cover Pelosi's copy of the State of the Union. The Presidential Records Act does cover all kinds of documents Trump reportedly tears up. That's why his staff has to literally tape them back together. https://t.co/gLfLnRfTCy https://t.co/qvparyvuS4
— Susan Hennessey (@Susan_Hennessey) February 5, 2020
Others mocked the claim as well:
I'll see your very bad interpretation of 18 U.S.C. 2071(b) mutilation of government records and raise you congressional speech and debate clause immunity and the First Amendment protection afforded to symbolic political speech.
— Byron Tau (@ByronTau) February 5, 2020
The @BadLegalTakes account will have a field day sorting through all the tweets citing “Pelosi” and “Section 2071” today.
— Frank Luntz (@FrankLuntz) February 5, 2020
god I hope they go all in on this. Senate hearings, endless Hannity monologues, Q people at rallies holding signs that just say "§ 2071" pic.twitter.com/hxaBHNeU0e
— Parker Higgins (@xor) February 5, 2020
Nancy Pelosi may have just committed a violation of 18 U.S.C. § 2071, Section 2071 (a) when she grabbed President Trump's mic and shouted "baba booey howard stern's penis baba booey" during the State of the Union.
— joe perticone (@JoePerticone) February 5, 2020
This violation is punishable by up to three years in prison https://t.co/MZzkKXENaD
Another violation of 18 US Code 2071 punishable by up to three years in prison: pic.twitter.com/ETZu5sCzDg
— Adam Smith (@asmith83) February 5, 2020
Update (5:23 p.m. EST): This post has been updated with an additional example.