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October 15, 2022

Do Secret Service agents carry machine guns? If not, why did Obama make such a reference at the Gridiron Club?

Kimberly A. Cheatle
Director, U.S. Secret Service
245 Murray Lane, SW, Bldg.T-5
Washington, D.C., 20223 October 15, 2022

Re: Nancy Pelosi, Speaker, U.S. House of Representatives

Dear Director Cheatle,

Pursuant to the authority granted to the U.S. Secret Service under 18 U.S.C., Section 3056 (a) (1), Powers, authorities and duties of United States Secret Service and Section (b) (1) regarding the arrest of person(s) who violate Section 871 of 18USC, Threats against the President, I hereby lodge a criminal information against Nancy Pelosi, Speaker of the U.S. House of Representatives and request that you take action to investigate and prosecute Nancy Pelosi for violation of 18USC, Section 871.

The Speaker, when on January 6th, 2021 threatened to “Punch Out” then President Donald Trump, did so violate 18USC, Section 871 as evidenced by video recorded and made public by the January 6 committee. This conduct, more specifically violated 18 USC, Section 871, (a) “Whoever knowingly and willfully….[makesl any threat to inflict bodily harm against the President…shall be fined under this title or imprisoned not more than five years, or both”

The burden to prove intent to commit this crime and her knowledge that the threat was illegal has been met given Nancy Pelosi’s statement “I’m going to Jail”.

[Address redacted for publication]

cc: Alejandro Mayorkas, SecHomSec
U.S. House Ethics Committee

27 Comments
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Rob Laity
Wednesday, October 26, 2022 2:49 AM

The practice of speaking directly to congress, in person, existed since the First President. It was later discontinued and then reinstated.

Rudy Lee
Reply to  Rob Laity
Wednesday, October 26, 2022 2:45 PM

And it was soon discarded by Jefferson.

Regardless, the president still needs to be invited to Congress. Like this:

https://www.speaker.gov/newsroom/1722-0

Rob Laity
Reply to  Rudy Lee
Thursday, October 27, 2022 3:35 AM

You lose this argument. Also, no one should presume to tell another person what they “need”. I will reiterate once again. An “invitation” to Congress in order to discharge a Constitutional duty outlined in the document is NOT “need[ed]”.

Rudy Lee
Reply to  Rob Laity
Thursday, October 27, 2022 12:13 PM

It isn’t me saying what is needed, it is the law saying what is needed: to avoid being guilty of trespass, you need permission to be there. And such permission may be granted through an invitation.

The U.S. Constitution doesn’t impose a duty on the president ever to go the Capitol. But a president who was invited to the Capitol wouldn’t be guilty of trespass.

The U.S. Constitution also doesn’t impose a duty on the president with regard to the counting of the electoral votes. Rather, federal law imposes those duties on Congress (including the President of the Senate).

Robert Laity
Sunday, October 23, 2022 5:10 AM

Rudy Lee, I stand on my previous statements. The President, being required to “Give information” to congress “from time to time” does NOT Preclude a President from doing so IN person. He needs no invitation. A VP can be impeached for high crimes and misdemeanors. That is up to Congress. That said, a President delegates tasks to his VP and therefore a VP is the President’s underling. The President IS the VP’s supervisor given that it is the purview of the President to ensure that everything is working properly., that the laws are being faithfully executed. The Speech and Debate clause deals with the immunity congress and the senate has against lawsuits arising from anything they say during the course of legislative activities. It does NOT preclude a President from coming to the House or Senate to observe or even interact during such sessions.

Rudy Lee
Reply to  Robert Laity
Sunday, October 23, 2022 3:37 PM

Again, there continues to be no citation to any legal or even historical precedent to support these beliefs.

The president has been invited by the Speaker every time to give the the State of the Union address in the Capitol. Can you specify an incident where the president arrived at the Capitol without an invitation?

The vice president is an independent constitution officer. The U.S. Constitution does not empower to the president to control the vice president’s actions. The president is not the supervisor of any other constitutional officer, such the vice president, members of Congress, or judges.

The Speech and Debate Clause confers immunity for members of Congress during official proceedings. Such as for statements made during the counting of electoral votes.

Rob Laity
Reply to  Rudy Lee
Monday, October 24, 2022 1:36 AM

During such time as the counting of the electoral votes, threatening the sitting president with bodily harm is not protected activity. Doing harm to the President is not an official function of any member of Congress. The Vice-President can be delegated to do anything within the president’s purview. Biden delegated his duty to keep the border secure. Harris however has failed to do that. The President is the executive officer of the ENTIRE executive branch. During time of war he is Commander in Chief of the Military. The “invitation” of a President to speak before the Congress is a mere formality. It is NOT required by law that the President be invited. It is a mandatory “Shall” do to give information to the Congress. NO ONE! Not even the speaker of the House can refuse to allow him to do so. In my class you would receive an “F-“.

Rudy Lee
Reply to  Rob Laity
Monday, October 24, 2022 11:51 AM

Where do you teach?

I have no idea why you believe statements made during legislative activity would not be protected by the Speech and Debate Clause. No case law has carved out such an exception.

Although the president may delegate duties to the vice president, the vice president remains an independent constitutional officer. Regardless, that isn’t relevant to a president’s unauthorized presence while a co-equal branch performs its official duties. You might as well suggest the president has the authority to sit on the U.S. Supreme Court’s bench during oral arguments.

There is no constitutional requirement that the State of the Union address be delivered personally or at the Capitol. For much of the nation’s history, it was written and delivered to Congress.

There continues to be no legal or historical precedent for the president’s unauthorized presence in the Capitol.

Robert Laity
Friday, October 21, 2022 4:22 AM

Rudy Lee, The Chief Justice and Speaker are NOT the CHIEF Executive of the United States. The President had a legal right to enter the House of Representatives or the Senate at any time pursuant to his presidential duties. “The Executive power shall be invested in the President of the United States…to discharge the powers and duties of said office…to preserve, protect and defend the constitution of the United States…he 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…he may…convene both houses of congress…he shall take care that the laws be faithfully executed” (Article II, USConst.) He is not required to give Congress information only in writing. He has the right to enter the premises to conduct such business IN PERSON. Trump’s VP was already in the House Chambers. Is it your contention that Pence was authorized to be there but President Trump was NOT? The duty of the President to “Take care that the laws be faithfully executed involves the power and authority to supervise any proceeding of any branch of the US Government IN PERSON whenever HE so wishes. That is one of his duties and cannot be interfered with by the Speaker.

Rudy Lee
Reply to  Robert Laity
Friday, October 21, 2022 4:20 PM

Except the president has no duties in Congress.

There is no requirement that the president provide the State of the Union address in the Capitol. Every year the Speaker invites the president to speak there.

Federal law requires the vice president, as the President of the Senate, to oversee the counting the electoral ballots, which is why Pence was in the Capitol on January 6, 2021.

You’ve provided two examples of invited or authorized presence.

Robert Laity
Reply to  Rudy Lee
Saturday, October 22, 2022 3:12 AM

The wording in the Constitution states that “he SHALL… give the Congress information…” That is a “duty IN Congress”. The President needs no “Invitation” from the speaker to come into Congress and “Give information”. The constitution states that he “SHALL” perform this duty. It is not up to the Congress whether the President will “give information” in writing or in person. Furthermore, VP Pence was a member of the Executive Branch and President Trump was VP Pence’s superior, supervisor, BOSS!!! Trump had every right to personally supervise Pence’s performance of his duties, in order to ensure that the laws of the US (in this case, the Electoral Count Act) were faithfully executed, This can include IN PERSON supervision of VP Pence’s actions and it can be done without permission of the Speaker or anyone else.

Rudy Lee
Reply to  Robert Laity
Saturday, October 22, 2022 2:35 PM

None of that is accurate; there’s certainly been no citation to support those beliefs.

Presidents providing the State of the Union address in person in the Capitol is a relatively modern practice. And always has been preceded by an invitation from the Speaker. Because the federal government is based on co-equal branches.

The president is not the vice president’s boss: the president, for example, cannot fire the vice president. Unlike the vice president, federal law provides no role for the president during the counting of the electoral votes.

To say nothing about the Speech and Debate Clause essentially providing parliamentary immunity.

James Carter
Monday, October 17, 2022 9:38 AM

Are you saying Piglosi didn’t specifically say she wanted to punch out President Trump if he came to the Capitol on Jan 6?

Rudy Lee
Reply to  James Carter
Monday, October 17, 2022 3:25 PM

Was he authorized to enter the Capitol on January 6?

Rob Laity
Reply to  Rudy Lee
Tuesday, October 18, 2022 2:40 AM

The President can go into any federal building that he wants to go in.

Rudy Lee
Reply to  Rob Laity
Tuesday, October 18, 2022 2:00 PM

There’s no law that says that.

The federal government has three co-equal branches: the executive branch must respect the legislative and judicial branches’ authority.

Surely you don’t believe the Speaker or Chief Justice could enter the Oval Office unannounced and without an invitation.

James Carter
Reply to  Rudy Lee
Tuesday, October 18, 2022 8:56 AM

“You CANNOT be serious!” — John McEnroe to referee at Wimbledon, 2019

Rudy Lee
Reply to  James Carter
Tuesday, October 18, 2022 2:03 PM

A video clip isn’t authorization to enter a restricted area.

And McEnroe said that in 1981, not 2019.

Rudy Lee
Sunday, October 16, 2022 8:02 PM

Wasn’t Pelosi saying that, if there was an unauthorized entry, she would stand her ground against an intruder?

Rob Laity
Reply to  Rudy Lee
Tuesday, October 18, 2022 2:41 AM

She said she was going to “Punch out Trump” and that she was “going to jail”. That is a threat against a sitting President. That is a crime.

Millie Mang`
Sunday, October 16, 2022 4:39 PM

Waiting for the day of Justice when all the corruption in our government will be removed. GREAT ARTICLE ROBERT LAITY.

Rob Laity
Reply to  Millie Mang`
Tuesday, October 18, 2022 2:42 AM

Thank you Millie.

Steve Hammond
Sunday, October 16, 2022 4:01 PM

This one should have been in prison a long time ago. She is guilty of insider training and sedition to name just two. She is a menace to our country who wipes her feet daily on our Constitution, Bill of Rights and Rule of Law.

James Carter
Sunday, October 16, 2022 11:57 AM

Bravo Robert C. Laity

Rob Laity
Sunday, October 16, 2022 3:46 AM

Pelosi and Biden have both made threats against Donald Trump while he was in office as President of the United States. Biden said that he was going to “take [Trump] behind the building and knock him out”. Now proof has surfaced that Pelosi made a public threat to do harm to President Trump while he was in office. Many other examples exist wherein Trump was threatened such as when Johnny Depp made reference to assassinating Trump and Kathy Griffin held up a bloody effigy of Trump’s head. There have been lesser incidents wherein the Secret Service investigated alleged threats against Obama yet they look the other way when threats against Trump are involved. I was investigated by the Secret Service just for filing a charge against Obama for treason in which I stated that the penalty for Treason includes death.
I told the Secret Service that this was not a threat. I merely pointed out that if convicted of treason, Obama would face the death penalty. The threats made against Trump WERE actual threats to do physical harm to him. The worst part about the threats made against Trump by both Pelosi and Biden is that Biden is now the President of the USA and Pelosi is the Speaker of the House. How far do these people have to go before they are
arrested and brought to Justice? Pelosi and Biden are both complicit with Obama’s usurpation of the Presidency, by fraud, during time of war. Both Pelosi and Biden are complicit with Obama’s treason and espionage against the United States.

Tim_T
Reply to  Rob Laity
Tuesday, October 18, 2022 1:02 PM

I know it would never happen, but if Joe Biden and Donald Trump were to put on
the gloves and g0 out behind the building, Joe Biden would get slumped in short
order..

Rob Laity
Reply to  Tim_T
Thursday, October 20, 2022 4:23 AM

Biden broke the same law when he threatened to take Trump behind the building and knock him out. Biden should face charges also.