But when news organizations asked for copies of that evidence, the San Francisco District Attorney's Office refused to release it. The attack, which occurred just days before the 2022 midterm elections, prompted intense speculation from the public that fueled the spread of false information.
The district attorney's office argued releasing the footage publicly would only allow people to manipulate it in their quest to spread false information.
But the news agencies argued it was vital for prosecutors to publicly share their evidence that could debunk any false information swirling on the internet about the attack.
“You don't eliminate the public right of access just because of concerns about conspiracy theories,” Burke said.
The San Francisco District Attorney’s Office did not respond to an email from The Associated Press seeking comment.
The news agencies who sought the release of the footage includes The New York Times, The Washington Post, the Los Angeles Times, the San Francisco Chronicle, The Press Democrat, CNN, Fox News, CBS, ABC, NBC and KQED, an NPR-member radio station in San Francisco.
DePape pleaded not guilty last month to six charges, including attempted murder. Police have said DePape told them there was “evil in Washington” and he wanted to harm Nancy Pelosi because she was second in line to the presidency. His case is pending.
Democrats lost their majority in the House of Representatives after the midterm elections. Republicans elected California Republican U.S. Rep. Kevin McCarthy as the new speaker. Pelosi will remain in Congress, but she stepped down as Democratic leader. She was replaced by Hakeem Jeffries from New York.