Federal prosecutors have asked for a 40-year sentence for the man convicted of attacking the husband of former House Speaker Nancy Pelosi (D-Calif.) with a hammer, arguing that his crimes amount to terrorism and his punishment should be more severe than standard guidelines would call for.
The charges carry a maximum sentence of 20 years and 30 years, respectively, in prison. Prosecutors argued in the sentencing memo that a terrorism enhancement should be applied to Mr. DePape’s sentencing because his crimes were calculated to intimidate or retaliate against a government official and should be deemed a “federal crime of terrorism.”
The terrorism enhancement that prosecutors are seeking means that, besides calling for the maximum sentence of 20 years and 30 years for each count, 10 years of the sentence should run consecutively and the rest concurrently.
“As a result, the government recommends that the Court impose a sentence of 40 years,” prosecutors wrote in the memo.
Sentencing has been set for May 17.
Terrorism Enhancement
In November 2023, a federal jury found Mr. DePape guilty of attempting to kidnap Ms. Pelosi, then serving as speaker, and assaulting her husband, Paul Pelosi, both on account of her official duties as a member of Congress.Prosecutors argued that Mr. DePape’s crimes—committed a week before the 2022 congressional midterm elections—were calculated to influence the conduct of government.
Even though Mr. DePape was not convicted of terrorism, his offenses amounted to the “federal crime of terrorism,” which is defined as an offense that “is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct,” according to the memo.
Mr. DePape forced his way into Ms. Pelosi’s San Francisco home in the early hours of Oct. 28, 2022, confronted her husband, and clubbed him over the head with a hammer.
Police, who were called to the scene, managed to subdue Mr. DePape.
According to police body camera footage that was taken during the night of the attack, officers opened the door to see Mr. DePape and Mr. Pelosi both holding what appeared to be a hammer. As police told Mr. DePape to drop the tool, he responded that he wouldn’t and appeared to strike Mr. Pelosi outside the view of the camera.
Ms. Pelosi was away in Washington at the time of the attack. Her husband, then 82, was hospitalized for several days with skull fractures and injuries to his hands and right arm.
During courtroom testimony, Mr. Pelosi said that, on the night of the attack, he was awakened when Mr. DePape entered his bedroom while holding zip ties and a hammer. The suspect repeatedly said, “Where’s Nancy,” referring to his wife, according to Mr. Pelosi.
“I recognized I was in serious danger, so I tried to stay as calm as possible,” he testified.
More Details
Defense attorney Jodi Linker argued during the trial that Mr. DePape didn’t commit a federal crime because he wasn’t driven by Ms. Pelosi’s official duties as speaker. Ms. Linker argued that Mr. DePape’s firm belief in what she described as “conspiracy theories” motivated him to bring down the ruling class in the United States.Mr. DePape also faces several state charges, including burglary, elder abuse, and attempted murder. A conviction on those charges carries a penalty of between 13 years and life in prison. He has pleaded not guilty to the state charges.
The sentencing memorandum cited Mr. DePape’s trial testimony, in which he acknowledged his intention was to kidnap Ms. Pelosi, interrogate her, and break her kneecaps if she were found to be lying.
The jury also heard a recording of an interview that Mr. DePape gave to a television station in 2023, saying he was “sorry I didn’t get more of them. ... I should have come better prepared.”
