What we still don’t know about Paul Pelosi attack

From: POLITICO California Playbook - Thursday Nov 02,2023 12:56 pm
Presented by California Resources Corporation: Inside the Golden State political arena
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POLITICO California Playbook

By Jeremy B. White, Lara Korte and Dustin Gardiner

Presented by California Resources Corporation

FILE - Speaker of the House Nancy Pelosi, D-Calif., and her husband, Paul Pelosi, arrive at the State Department for the Kennedy Center Honors State Department Dinner, on Dec. 7, 2019, in Washington. The state court case continues against the man accused of breaking into House Speaker Nancy Pelosi's home, beating her husband and seeking to kidnap her. Suspect David DePape's preliminary hearing is scheduled for Wednesday, Dec. 14, 2022. (AP Photo/Kevin Wolf, File)

Former Speaker of the House Nancy Pelosi, D-Calif., and her husband, Paul Pelosi. | AP

THE BUZZ: An unheralded San Francisco court hearing has offered new hints about California’s preeminent political case.

We’re coming up on the federal trial of David DePape, who is accused of assaulting Paul Pelosi and plotting to kidnap then-Speaker Nancy Pelosi in a crime that stunned the nation and stirred deeper fears about political violence. An orange-jumpsuited DePape looked on yesterday as attorneys debated questions of evidence and jury instructions that could help determine the defendant's fate.

DePape could still take a plea deal. The volume of evidence against him is considerable and includes footage that was released to the public after POLITICO and other news organizations went to court to demand access. But assuming it goes to trial — the state case would commence after the federal one — here are three key questions that emerged at that hearing:

What will jurors see — and hear? Prosecutors and DePape’s team have been haggling over evidence, and the discussion underscored larger concerns about DePape’s ability to get a fair trial in a city that generally reveres the Pelosi family. Defense attorneys have unsuccessfully pushed to move the trial to Eureka.

DePape’s court-appointed lawyers urged the court to exclude audio of the attack, arguing it would needlessly prejudice the jury. But prosecutors countered the jury should hear an injured Paul Pelosi’s labored breathing, and Judge Jacqueline Scott Corley agreed. This came after defense attorneys had unsuccessfully pushed to include more of an SFPD interview transcript, arguing a truncated version was misleading.

What were his intentions? This case is about more than DePape striking Paul Pelosi with a hammer. He is also charged with attempted kidnapping as state and federal prosecutors paint a picture of a man who was hell-bent on targeting both Rep. Pelosi and other Democratic figures, planning to capture Pelosi and break her kneecaps if she wasn’t truthful.

That means establishing intent: the intent to “impede, intimidate, interfere with and retaliate against” Pelosi so she couldn’t carry out her duties, per a federal indictment, or to “take the person third in line to the presidency of the United States hostage and to seriously harm her,” as District Attorney Brooke Jenkins’ indictment asserts. “The jury might think: ‘My mind’s made up. I’ve seen the video, I’ve seen what happened,” Judge Corley said, but that’s “just the first step” in a case that goes beyond alleged assault.

Who is Target 1? DePape told an SFPD lieutenant about wanting to go after prominent figures like Gov. Gavin Newsom, actor Tom Hanks and President Joe Biden’s son Hunter Biden. Prosecutors have alleged he intended to use Pelosi to lure an unnamed person whom he described as “way up” on his list. They assert he searched for that person’s home address and say they found a scrap of paper in DePape’s target with Target 1’s address and phone number.

Target 1’s identity has become a key mystery in the case. Judge Corley declined to halt DePape’s subpoena compelling Target 1 to testify. As attorneys discussed yesterday how to suss out connections between prospective jurors and Target 1, Judge Corley offered a small hint, saying “the odds that Target 1 is known are going to be slim.”

GOOD MORNING. Happy Thursday. Thanks for waking up with Playbook.

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FRESH INK

BART board member Lateefah Simon is running for California's 12th Congressional district.

BART board member Lateefah Simon is running for California's 12th Congressional district. | Campaign courtesy photo

FIRST IN PLAYBOOK: NEWSOM ENDORSES — Gov. Gavin Newsom today is issuing a rare early endorsement, backing BART board member Lateefah Simon in her race for CA-12 — the seat held by Rep. Barbara Lee, who is running for Senate.

Simon is expected to win the state party endorsement later this month, and Newsom’s stamp of approval is another major advantage heading into the March primaries. The governor for years has looked to Simon as a sounding board for criminal justice reform, recruiting her to be a senior advisor on policing and later appointing her to a statewide task force on police reform.

“Lateefah is a visionary. But more than a visionary, she is a proven leader who effects the kind of change that makes her vision a reality,” Newsom said in a statement. “From working closely with Lateefah and watching her deliver real, progressive change in her community, I have come to understand her as a true force of nature. She is a dedicated and honorable public servant, a devoted community woman, and a role model to many.”

CA-12 covers Oakland, Berkeley, Emeryville, Alameda, Albany, Piedmont, and parts of San Leandro. Simon is up against a slate of local Democrats, including veteran and small business owner Tim Sanchez and Oakland activist Jenn Tran.

 

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Gavin Newsom (left) meets with Chinese President Xi Jinping.

California Gov. Gavin Newsom (left) meets with Chinese President Xi Jinping at the Great Hall of the People in Beijing. | Office of the Governor of California

CHINA FALLOUT — Fresh off the heels of Newsom’s trip to China, the public learned Wednesday that the country’s communist government might be trying to influence California elections.

A top federal prosecutor recently told members of the House Judiciary Committee during a closed-door interview that China was angling to sway state contests and “target some of our individuals,” according to a transcript obtained by POLITICO’s Betsy Woodruff Swan and Christopher Cadelago. Further details of China’s influence efforts weren’t disclosed.

It’s a poorly-timed revelation for Newsom, who made national headlines for his climate-focused China tour. Newsom’s office said he didn’t address election interference on the trip.

The governor has already faced blowback from human rights activists and Republican China hawks for making the trip at all. President Biden is also taking some heat for his expected meeting with Chinese President Xi Jinping at the APEC summit in the Bay Area this month.

Joe Kocurek, an aide to California’s top elections official, Secretary of State Shirley Weber, told POLITICO that for years, the state’s elections office has been taking steps to fortify the elections systems and to inoculate the public from disinformation.

“These efforts are in response to a number of identified foreign threats, including from Russia, Iran and China, as well as from emerging domestic bad actors,” Kocurek said.

 

Enter the “room where it happens”, where global power players shape policy and politics, with Power Play. POLITICO’s brand-new podcast will host conversations with the leaders and power players shaping the biggest ideas and driving the global conversations, moderated by award-winning journalist Anne McElvoy. Sign up today to be notified of new episodes – click here.

 
 


FIRST IN PLAYBOOK: MENTAL HEALTH MEASURE — Gov. Gavin Newsom today is launching a statewide ballot measure campaign, asking voters to approve a $6.4 billion bond and major overhauls to one of the state’s landmark mental health laws.

Proposition 1: “Treatment Not Tents” will appear on the March ballot after Newsom earlier this year signed two bills from the legislature. Newsom today announces that he’ll direct $6 million into a newly named committee, “Yes on Prop 1: Governor Newsom’s Ballot Measure Committee” to jumpstart the effort. The campaign will be managed by Lindsey Cobia — the governor’s former deputy chief of staff and current head of his Campaign for Democracy PAC. Former Newsom Chief of Staff Jim DeBoo is the general consultant.

“We see the signs of our broken mental health system every day – too many Californians suffering from mental health needs or substance use disorders are unable to get the support or care they need,” Newsom said in a statement. “This will prioritize getting people off the streets, out of tents and into treatment.”

The effort is backed by major mental health proponents and veterans groups, including Sacramento Mayor Darrell Steinberg, the original architect of the Mental Health Services Act, which levies a 1 percent tax on incomes over $1 million and has provided billions of dollars for counties’ mental health programs since it was passed by voters in 2004.

The $6.4 billion bond will go toward creating new treatment beds and housing, with a special focus on veterans. The measure will also change how counties will spend their mental health budgets, including setting aside one-third of the funds for housing interventions.

“The 2004 mental health services act has generated $31 billion of community based services, saved many lives and moved us farther towards fulfilling the promise California made when it shut the state hospitals a generation ago,” Steinberg said in a statement. “Proposition 1 will help finish the work and make sure that people with severe mental Illness can live safely and with dignity in our communities.”

 

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From left to right, Los Angeles City Councilman Paul Krekorian, LA Family Housing CEO Stephanie Klasky-Gamer, Mayor Karen Bass, and actor Danny Trejo walk together during the annual homeless count in the North Hollywood section of Los Angeles Tuesday, Jan. 24, 2023. Thousands of clipboard-toting volunteers with the LA Homeless Services Authority fanned out across the county Tuesday night for the effort's main component, the unsheltered street tally. (AP Photo/Marcio Jose Sanchez)

From left to right, Los Angeles City Councilman Paul Krekorian, LA Family Housing CEO Stephanie Klasky-Gamer, Mayor Karen Bass and actor Danny Trejo walk together during the annual homeless count in the North Hollywood section of Los Angeles on Jan. 24, 2023. | AP

HOTEL CALIFORNIA — A brewing fight over a Los Angeles ballot measure requiring hotels to rent vacant rooms to homeless people is poised to fizzle out, thanks to dealmaking led by City Council president Paul Krekorian.

UNITE HERE Local 11, the powerful hospitality workers’ union, had pushed the initiative as a solution to the city’s housing crisis, while industry groups were already hitting the airwaves blasting the proposal as dangerous to tourists and hotel workers alike.

The union now backs a new proposed ordinance from Krekorian, first reported by the Los Angeles Times, that would impose additional scrutiny over new hotel developments. If the measure passes – which it likely will – the labor group will withdraw its ballot initiative.

The threat of the measure had loomed large in the ongoing contract negotiations between the union and hotel owners – so much so that hoteliers filed a complaint with the National Labor Relations Board alleging the local’s insistence for support for the measure and other provisions was illegal.

Krekorian praised both the union and the industry for “putting the interests of the entire city first” and struck a hopeful note that the “spirit of cooperation” could help break through the larger logjam hampering the contract negotiations.

— Melanie Mason

SENATE RACE RIFT — The leading Democrats in California’s Senate race split over whether to throw beleaguered New York Republican Rep. George Santos out of the House on Wednesday, revealing some rare daylight between the three candidates vying for the late Sen. Dianne Feinstein’s seat.

Rep. Barbara Lee voted yes. Rep. Adam Schiff was absent, blaming airline woes. And Rep. Katie Porter voted no.

Lee took both her competitors to task on Twitter. Schiff, in a letter to the speaker, said that he would’ve voted to remove Santos had he been on the floor. Another Democrat, Maryland Rep. Jamie Raskin, said he didn’t vote for Santos' expulsion because of due process concerns.

Porter said in a statement that while Santos had clearly violated the public trust, the Ethics Committee had not yet finished its investigation. "The House would set a dangerous precedent if we expelled a member without allowing one of these processes to conclude," she said.

 

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TO THE LEFT, TO THE LEFT — Weeks of chaos in the House seem to have taken a toll on Rep. David Valadao’s reelection chances.

Cook Political Report, the nonpartisan forecaster led by Dave Wasserman, changed its rating for CA-22 on Wednesday, moving it from a leans-Republican district to a toss-up.

“Valadao’s votes for Jordan and Johnson for speaker in a Biden +13 district are a sign he’s still looking over his right shoulder after last year’s close call,” Wasserman wrote.

Valadao barely made it out of the primaries last year, nearly losing to pro-Trump veteran Chris Mathys, who is running again. He then squeezed out a narrow victory over Democrat Rudy Salas, who is also running again in hopes of a rematch.

ON THE TRAIL — Minnesota Democratic Rep. Dean Phillips will be stopping by San Francisco today as part of his primary challenge to President Biden. Read more about Phillips’ last-minute entry into the race from our colleague Ian Ward.

In Memoriam

Prominent activist Ady Barkan, has died of amyotrophic lateral sclerosis, or ALS, reports his wife, Rachael.

Barkan, who lived in Santa Barbara, had been repeatedly arrested in recent years as he sought to inspire action for health care, immigrants and the election of progressive Democrats.

Rep. Nancy Pelosi called him a “hero,” in a statement on X. “Ady Barkan devoted every ounce of strength to building a brighter, fairer future, one he knew he’d never get to see.”

WHAT WE'RE READING TODAY

MARRIAGE FILES: This Saturday marks 15 years since California voters enacted Proposition 8 to ban same-sex marriage. While a federal district court judge overturned the ban in 2010, video tape of the trial remained sealed for years, at the request of Prop. 8 proponents. KQED journalists led a lengthy battle to release those tapes, which detail how proponents argued that gay marriage would cause social unrest. (KQED)

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this -only service offers, click here.

Want to make an impact? POLITICO California has a variety of solutions available for partners looking to reach and activate the most influential people in the Golden State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness amongst this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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