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David DePape's Hammer Attack on Paul Pelosi - Motion to transfer opposed

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The defendant intimates that the reelection of Congresswoman Pelosi by "wide margins" is relevant to this inquiry, but this argument smacks of reliance on community voting patterns that other courts have routinely rejected. In United States v. Haldeman, 559 F.2d 31 (D.C. Cir. 1976), the defendants were former Nixon administration officials charged with crimes related to the Watergate scandal who moved to change venue prior to trial. Id. at 52, 59. The district court denied the motion and the Court of Appeals, sitting en banc, affirmed. The dissent noted potential political bias, stating that 81.8% and 78.1% of the District of Columbia voted for President Nixon's Democratic opponents in the 1968 and 1972 elections, respectively. Id. at 160 (MacKinnon, J., concurring in part and dissenting in part). In response, the Court of Appeals firmly rejected the “intimation that a community's voting patterns are at all pertinent to venue." Id. at 64 n.43. District Courts in the District of Columbia have rejected similar arguments to transfer venue in the criminal cases arising out of the breach of the U.S. Capitol on January 6, 2021. See, e.g., United States v. Nordean, No. 1:21-cr-175-TJK, Dkt. No. 531, slip op. at 1, 5 (D.D.C. Nov. 9, 2022), attached as Ex. A (rejecting alleged "Proud Boys" defendants' argument to transfer venue due, in part, to the lack of political diversity in D.C. and noting every other court in the District of Columbia had also denied motions to transfer venue in criminal cases arising out of events of January 6, 2021).

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