verrius t1_iujouga wrote on October 31, 2022 at 9:01 PM

Reply to comment by Chippopotanuse in Alleged Paul Pelosi attacker charged with assault and attempted kidnapping | CNN Politics by electromagneticpost

I'll admit, I was confused by the headline, and the article doesn't go out of its way to clarify, that that's why he's not being prosecuted at least for attempted murder, given the hammer to the head. Though I'm also a little surprised (attempted) assassination is not a Federal crime at all.

Chippopotanuse t1_iujqtme wrote on October 31, 2022 at 9:15 PM

I think the “attempted assassination” is captured by this charge:

> DePape also was charged with one count of assault of an immediate family member of a US official with the intent to retaliate against the official. That charge relates to a crime allegedly committed against Paul Pelosi and carries a maximum sentence of 30 years in prison.

verrius t1_iujuvyo wrote on October 31, 2022 at 9:44 PM

That covers the attempt on her husband, but it doesn't cover that this was an attempt on the Speaker. Not a particularly effective one, but its a brazenly admitted one. Though its a pleasant surprise to hear that there is a Federal crime for going after family of officials.

LoneRonin t1_iuk4c20 wrote on October 31, 2022 at 10:58 PM

Rule of thumb is a regular-type crime like murder, theft or assault in a single spot, you get thrown into the state courts. If it's something that takes place across multiple states or is specifically against the state, such as a big criminal conspiracy or terrorism, then that's under federal court.

verrius t1_iuk71w1 wrote on October 31, 2022 at 11:20 PM

That's why I'm surprised. Murder I know is state, but "assassination of sitting federal officials" I'd think would be covered by federal law; there's a bunch of things you can do that are "covered" by a state crime that have a federal equivalent when either something crosses a state line, or federal officials are involved. It's especially surprising considering they apparently have made going after the family members of federal officials a crime, when going after the elected federal officials themselves in general isn't. Especially frustrating because I'm sure its against federal law to go after federal judges or FBI agents. But looking it up, even going after the sitting President isn't a particular federal crime...or at least wasn't until 1965, I'm not sure. Aaaaand now I'm on a list.