The Justice Department is recommending a 40-year prison sentence for a man convicted of attacking Paul Pelosi

Prosecutors are recommending a 40-year prison sentence for the man convicted of attacking former House Speaker Nancy Pelosi’s husband Paul with a hammer at their San Francisco home in October 2022.

David DePape was convicted in November of one count of assaulting the immediate family member of a federal officer, in which the jury found he used a dangerous weapon, and of a second count of attempted kidnapping of a federal officer.

According to a memorandum filed Friday, the Justice Department argued that DePape’s actions constituted “a federal crime of terrorism,” which, according to the DOJ, “is intended to influence or influence the conduct of the government through intimidation or coercion or to oppose the conduct.” to avenge the government.” and “involves the attempted kidnapping of a congressman.”

DePape’s lawyer, Jodi Linker, acknowledged during the trial that her client attacked Paul Pelosi, then 82, but argued that his motivation for the attack was inconsistent with the allegations against him.

“This case is about the why – the why counts,” Linker argued to the jury. “This case is about whether David acted pursuant to Nancy Pelosi’s duties as a member of Congress. He didn’t, and he only beat Paul Pelosi in a brief moment of desperation because the police arrived and his larger plan was foiled.”

CNN has reached out to Linker for comment.

During the trial, DePape, who described his political leanings as “right of center,” told jurors that he was focused on Nancy Pelosi and that her husband was not on his list of targets. He said he was “surprised and confused” when he realized the congresswoman was not home.

In his testimony, Paul Pelosi recounted how he woke up the night of the attack and saw a man with a hammer in his home. That man, later identified by police as DePape, asked where his wife was, he said. “She’s not here. She’s in Washington,” Pelosi recalled her answer.

He later came to in a pool of blood after being hit violently in the head following a fight with DePape, Pelosi said.

Pelosi, who underwent surgery to repair a fractured skull and injuries to his hand and arm, told jurors that his recovery had been difficult. “I tried my best not to think about it again,” he said.

The DOJ argued in the memo that “both crimes constitute an attack on our democracy and our core values” and therefore should serve as a deterrent to others.

“At a time when extremism has led to attacks on public and elected officials, this case is an opportunity to speak with others who harbor ideologically motivated violent dreams and plans,” the Justice Department said.

DePape’s federal sentencing is set for May 17, and he still faces state charges in California. He pleaded not guilty to charges of attempted murder, burglary and assault.

CNN’s Veronica Miracle, Jeffrey Kopp and Piper Hudspeth Blackburn contributed to this report.

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