Ahead of the federal sentencing of Paul Pelosi’s hammer-wielding assailant, the Department of Justice spoke to terrorism and the “deterrent value” of making a decades-long example.
More than a year-and-a-half after then-House Speaker Nancy Pelosi’s husband became the center of a news cycle and internet storm in the lead up to the midterm elections, the May 17 sentencing of his attacker drew near. A week out, the sentencing memos were filed and the DOJ held no punches in eyeing 40 years for David DePape.
According to the 20-page court filing submitted Friday by U.S. Attorney for the Northern District of California Ismail Ramsey, it was recommended that the man charged with attempted kidnapping and assault of the immediate family member of a federal official face the statutory maximum penalties of 30 years and 20 years respectively, “with a period of ten years to run consecutive and the remained to run concurrent to each other.”
“The defendant planned a violent hostage-taking of the Speaker Emerita, and then nearly killed her husband,” read the memo. “The defendant planned and unleashed violence and has stayed true to his belief that his actions were necessary.”
While DePape sought a sentence of 14 years citing “an abusive, long-term relationship with a partner who exploited his innate vulnerabilities and immersed him in a world of extreme beliefs where reality is not reality,” the Justice Department favored a terrorism enhancement be applied to the sentencing.
Ramsey argued the attempted kidnapping of Pelosi “was clearly intended to promote a federal crime of terrorism, that is, attempting to kidnap a Member of Congress ‘to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.’ The defendant’s own post-arrest statements confirm this: he intended to kidnap Speaker Pelosi because she was the ‘leader of the pack’ and because of all of the lies coming out of Washington.”
That sentiment had been conveyed to the San Francisco Police Department when DePape had been interrogated and asked, “Was there a reason [for the attack]? Did you feel the Pelosis did something to you?”
“Not me specifically to me. But to the American public honestly. She was the leader of the pack,” he said before adding when pressed, “F*cking liars. It’s insane. She has to be like…[unintelligible] with Trump being in office. What they did was so far beyond. It’s just crazy…It originates with Hillary. But Pelosi ran the lie, day in and day out. The person on TV lying every day was Pelosi.”
DePape reveals why he was reportedly after Pelosi on night of attack: ‘She was the leader of the pack’ https://t.co/KqeX9mzDPH pic.twitter.com/qSjOsGYe74
— BPR (@BIZPACReview) January 29, 2023
During the trial, defense attorney Jodi Linker had expressed to the jury, “This case here is about the why — the why matters.”
“This case is about whether David acted because of, on account of, Nancy Pelosi’s duties as a member of Congress. He didn’t, and he only struck Paul Pelosi in a quick moment of despair because the police arrived and his larger plan was thwarted,” she argued.
“At a time when extremism has led to attacks on public and elected officials,” contended the DOJ by contrast, “this case presents a moment to speak to others harboring ideologically motivated violent dreams and plans. This case presents strong deterrent value to say that violent ideological attacks will be punished to the full extent of the law.”
In addition to his federal sentencing, DePape still faces state charges of attempted murder, burglary and assault for which he pled not guilty to all.
For what it’s worth, Sen. Rand Paul’s neighbor was initially given a 30-day sentence for nearly killing the Kentucky Republican in a dispute over lawn care, before a federal judge resentenced the assailant to an extra seven months behind bars and six months in home detention. Paul suffered multiple broken ribs and had to undergo lung and hernia surgeries as a result of the attack.
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Author: Kevin Haggerty
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