Fact check: Trump calls out Minnesota abortion law, 2020 unrest in presidential debate

Vice President Kamala Harris and former President Donald Trump faced off Tuesday night in their first — and what will likely be their only — televised debate.

The discussion spurred multiple mentions of Minnesota, in particular noting Harris’ running mate, Gov. Tim Walz, and his policy track record here.

Here’s a look at what was said about Minnesota and which statements were fact (and which were fiction).

Abortion law in Minnesota

Trump mentioned Minnesota a few times by way of commenting on Walz’s track record, including abortion law in the state. Here is what Trump said:

“And her vice presidential pick, which I think is a horrible pick, by the way, for our country, because he is really out of it. But her vice presidential pick says abortion in the ninth month is absolutely fine. He also says execution after birth, it's execution, no longer abortion, because the baby is born is OK. And that's not OK with me, hence the vote.”

Debate moderators mentioned infanticide is illegal in all states — as is the case in Minnesota —after Trump’s first mention of “execution after birth.”

Under current law, abortion is allowed in late-term pregnancy — though it’s worth noting that these cases are very rare. Lawmakers passed and Walz last year signed a law removing many of the restrictions on abortion in the state. And many of those restrictions had been out of use because of a state court case.

The ruling blocked laws that required a 24-hour waiting period after speaking with a provider to have an abortion, prevented medical providers other than doctors to perform abortions and required parental approval from both parents of a minor to obtain an abortion.

The move was in response to the U.S. Supreme Court overturning Roe v. Wade and several states enacting abortion bans or stringent restrictions. DFL lawmakers, abortion providers and patients said viability bans elsewhere could cause problems for women with wanted pregnancies that experience devastating health problems late in their pregnancies like a miscarriage.

And while opponents of looser abortion laws raise concerns about abortions late in pregnancy, it’s worth noting that they are extremely rare. According to state data, in the last five years just seven induced abortions have been reported in the third trimester of pregnancy.

Both Harris and Walz have emphasized they would aim to codify — or solidify in law — the standards of Roe v. Wade at a national level. So that would guarantee the right to an abortion — no matter what state a person is in — up to the point of fetal viability, that’s when the fetus could likely survive outside the uterus.

The American College of Obstetrics and Gynecologists notes that the question of viability can be difficult to summarize with a number of weeks. But they point out that the likelihood of a fetus surviving an early birth increases significantly between 23 weeks of viability and 25 weeks.

Trump was asked about his support for a national abortion ban, but didn’t answer a question about whether he would sign into law such a ban or veto legislation allowing abortion up to the point of fetal viability.

Civil unrest in Minnesota

Trump worked to tie Harris to the civil unrest and property destruction in Minneapolis that followed the 2020 murder of George Floyd by city police officers. Here’s that exchange, in which Harris attempted to interject despite having a muted microphone.

“She was big on ‘defund the police’ in Minnesota, she went out. Wait a minute. I'm talking now, if you don't mind, please, does that sound familiar? She went out. She went out in Minnesota and wanted to let criminals that killed people that burned down Minneapolis. She went out and raised money to get them out of jail. She did things that nobody would ever think of.”

While many people were detained on curfew or disorderly conduct violations, relatively few faced more serious criminal charges in the unrest that was spurred by Floyd’s murder. There were 16 federal arson-related cases, with the most serious conviction resulting in a 10 year prison sentence. There were also a few dozen state cases on burglary and looting charges.

Trump’s description of Harris’ role in releasing jailed protesters is exaggerated. She offered support in a single social media post for the bail fund, but had no role in determining where that money went.

Some who benefitted from the bail fund over the years — not just connected to the riots — did go on to commit other violent crimes. The Minnesota Freedom Fund predates the Floyd incident. Money poured in when fund organizers said they would use it to assist protesters detained in the Floyd aftermath.

Harris did not get a chance to respond other than her brief interjections. Moderators moved on without asking how she viewed the protests and the bail fund in retrospect.

Use the audio player above to listen to the full conversation.

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