David DePape (Pelosi Attacker): Guidelines & Mitigation Breakdown


Hey Everybody!

I just realized with all the hubbub of Thanksgiving week, I forgot to send notice of last week’s episode.  I hope everyone had a great holiday, and hopefully a little time off with good people.  I did!  In fact, I was so chill, I made the executive decision to go on a little podcast production break for the rest of 2023.  Here’s a video I posted on that:

Now, in case you missed last week’s episode.  Here you go:

David DePape did something terrible, breaking into the San Franscisco home of Nancy and Paul Pelosi, attempting to Kidnap the former Speaker of the House, and savagely attacking her husband with a hammer.  He was just convicted in federal court for his crimes, with more to come in state court.  

He is more than just his crimes.  But sadly, the likely truth of DePape’s mitigation story has yet to be, and may never be fully told. 

So let’s get set for sentencing with Doug Passon and Mark Allenbaugh!


  • Sentencing guidelines discussion;
  • Why DePape faces an almost certain life sentence;
  • DePape’s  potential incarceration location;
  • The ongoing terrible dysfunction of the Federal Bureau of Prisons;
  • Discussing DePape’s possible mental health issues and why they have not yet come into play;
  • The BOP’s inadequacy providing mental health (or any health) treatment.



We talked about data Mark obtain from the Judicial Sentencing INformation database, or “JSIN”.  We did a podcast on this a while back:



Doug mentioned that the crimes here were very similar to that of the plot to kidnap the govenerner of Michigan (Gretchen Whitmer) and livestream her “trial”.  The difference here, at least as it comes to defendant Ty Garbin, was that Mr. Garbin came to understood how wrong his beliefs and conduct were, and went to great lengths to atone for his crimes.  As such, unlike his co-defendants who went to trial and fought to the bitter end, he received a very lenient sentence.  The same fate does not await Mr. DePape, who also is still unfortunately unyeildingly entrenched in his conspiracy theories. If you’d like to see the sentencing mitigation video Doug Passon produced for Mr. Garbin’s case, his lawyers made it available here:



Lastly, Doug mentioned a case involving a client with Delusional Disorder.  He litigated that case with an extraordinary attorney by the name of Donna Elm.  Donna and Doug did a podcast on this subject a while back.  Take a listen!


Check out this episode!

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