Watchdog weighs up suing San Francisco DA for Paul Pelosi attack records


Paul Pelosi / David Depape
Paul Pelosi / David Depape (Getty/ AP)

Watchdog weighs up suing San Francisco DA for Paul Pelosi attack records

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San Francisco’s district attorney has refused to release public documents and video of Paul Pelosi’s attack to conservative watchdog Judicial Watch, instead directing the group to a New York Times article.

Judicial Watch and news organizations have attempted to obtain the materials under California’s Public Records Act but have been nixed by newly elected District Attorney Brooke Jenkins. Controversy still dogs the Oct. 28 break-in of House Speaker Nancy Pelosi’s (D-CA) home, especially after an NBC reporter was suspended for reporting facts that court records show are true.

Judicial Watch asked for records of all communications between the DA and other law enforcement agencies, including the San Francisco Police Department, Department of Justice, U.S. Capitol Police, and the FBI. These records include emails, texts, and any police video or 911 calls.

The case has been turned over to the U.S. Attorney’s Office, which filed attempted kidnapping and assault charges against David DePape for a hammer attack that left Paul Pelosi with skull fractures.

The DA’s office claimed they had an exemption that doesn’t require the release of records when an investigation exists with other law enforcement agencies.

“The two persons present at the Pelosi home when the SFPD arrived where [sic] Mr. Pelosi and Mr. DePape. Please see the online posted document that reflects that Mr. Pelosi was the only person in the home at the time of the attack,” Assistant District Attorney Nikki Moore said in a brief statement, referring to a New York Times story containing a court document that requested DePape’s detainment.

Judicial Watch President Tom Fitton told the Washington Examiner: “We didn’t ask for a summary. It was an unusual response telling us they can’t give us anything but they are happy to give us this information. Where are the documents?”

Fitton has not determined whether he will sue to get the records. Judicial Watch already has a lawsuit pending against the Capitol Police, which has not produced any records of the Jan. 6 riot.

“The Capitol Hill Police is the only agency in America that sees itself immune from records requests,” he said. “It’s the least accountable law enforcement agency in the country.”


Meanwhile, NBC reporter Miguel Almaguer has been suspended for airing a story that said Paul Pelosi didn’t let on to police that he was in danger or try to escape when they arrived at his home before the attack. DePape was standing behind him with the hammer.

“After a ‘knock and announce,’ the front door was opened by Mr. Pelosi. The 82-year-old did not immediately declare an emergency or tried to leave his home but instead began walking several feet back into the foyer toward the assailant and away from police,” the Daily Beast reported Almaguer saying on Nov. 4.


However, a local NBC affiliate reported the same story a week later, citing information from the detainment court document:

“Mr. Pelosi opened the door with his left hand” and “nervously but calmly” greeted police.

“When the officer asked what was going on, Defendant smiled and said ‘everything’s good,” the document said.

© 2022 Washington Examiner

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