THE BUZZ: JUROR QUANDARY — Can David Wayne DePape get a fair trial in the city that’s practically synonymous with the name Nancy Pelosi?

That question will loom large over the jury selection process that starts today in federal court in downtown San Francisco. DePape is charged with bludgeoning the former House speaker’s husband, Paul Pelosi, with a hammer and plotting to kidnap her in an October 2022 attack.

DePape’s attorneys and federal prosecutors are expected to interview jurors as each side looks to pick a jury of 12 people that will decide his fate.

The venue has already led to a debate about the jury’s ability to be impartial. The trial is slated to play out two miles from Pelosi’s Pacific Heights mansion where the attack occurred, in a courthouse named for the late U.S. Rep. Philip Burton, Pelosi’s mentor and predecessor.

“Nancy Pelosi is a loved and revered public servant in San Francisco,” noted Valery Nechay, a local criminal trial attorney who is following the case. “Political ideology will definitely be examined (in jury selection).”

DePape’s attorneys tried to move the case to Eureka, a small city nearly 300 miles north of San Francisco. They argue that pervasive media attention, as well Pelosi’s popularity in San Francisco — she was reelected with 84 percent of the vote in 2022 — could skew the jury against DePape.

DePape has pleaded not guilty and could face decades in prison if convicted. Complaints about jury impartiality in San Francisco will likely be an element in any appeal if he’s convicted.

U.S.District Court Judge Jacqueline Scott Corley rejected the venue change request this past summer. Corley said that Eureka residents were likely also exposed to coverage of a “notorious national case” and suggested a smaller pool of potential jurors to pull from in Eureka could make it harder to find an even-handed group.

Jury selection interviews will provide the defense with another opening to make the argument — particularly after potential jurors are questioned about their feelings on Pelosi.

But even if jurors have voted for Pelosi or support her politically, that likely won’t be enough to disqualify them. Laurie Levenson, a former federal prosecutor and criminal law professor at Loyola Law School in Los Angeles, said the crucial factor is whether jurors swear to keep an open mind.

“The legal standard is whether you can be fair in the proceedings,” Levenson said.

GOOD MORNING. Happy Monday. Thanks for waking up with Playbook.

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WHERE’S GAVIN? Nothing official announced.

BRIDGING THE DIVIDE — The nation’s top antitrust and consumer protection official made a swing through Silicon Valley last week to meet with leaders in Big Tech and make the case that federal regulation is critical for the future of the industry — especially as artificial intelligence continues to evolve at a breakneck speed.

At 32, Lina Khan became the youngest person to ever head the Federal Trade Commission when President Joe Biden appointed her in 2021. She is considered to be the leader of a new school of antitrust thought, taking an aggressive bent to go after corporate monopolies, especially in tech. Prior to her appointment, she issued scathing criticisms of Amazon and Facebook, and has since overseen a slate of strategic lawsuits and investigations aimed at Microsoft, Meta, Facebook’s parent company, and X, formerly known as Twitter.

It’s no surprise, then, that the tech world showed a little trepidation at her arrival.

“After we announced that you were coming to YC, I received a number of DMs from friends in tech who say, ‘Don’t you know that she sues tech?’” said Garry Tan, CEO of startup accelerator Y Combinator, during a fireside chat with Khan in San Francisco on Friday. “... ’Isn’t she an enemy of tech?’”

Khan’s visit was part of an effort to get out of Washington and talk to people in the industry, she said. Her argument, as articulated in her talk with Y Combinator employees, is that the big tech companies grew out of — and thrived on — fierce competition, but have since made it nearly impossible for competitors to take root.

“Enforcing the laws of fair competition is actually really critical to make sure that the market stays open and stays competitive and that the next tier of innovators are able to come to the market in scale, and become tomorrow’s giants rather than get kind of killed in the crib by existing incumbents,” Khan told YC employees.

The tour of Silicon Valley came just days after Biden signed a sweeping executive order on AI, which was criticized by Tan and many of his tech peers who argue it could stifle innovation.

Khan said the dawn of AI represents a “technological inflection point,” which can be helpful in opening the market and allowing competition to flourish — but that the FTC is already seeing concerns that critical parts of the technology are controlled by only a handful of companies.

“We may already be seeing bottlenecks in ways that could impede innovation and impede competition,” she said.

NOT ANOTHER DUI — A high-profile race for Los Angeles City Council could be upended after Assemblymember Wendy Carrillo was arrested early Friday on suspicion of drunk driving.

She is among a pack of Democrats aiming to unseat Council member Kevin de León, who is mounting an uphill reelection bid after a racist leaked audio scandal last year made him a political pariah. Assemblymember Miguel Santiago is also running for the seat — and the race has divided the Assembly Democratic Caucus.

Carrillo’s legal troubles could create significant headwinds for her campaign. She apologized to constituents and vowed to “seek the necessary help and support.” Her arrest marks the second time in recent months that a state lawmaker has received a DUI (State Sen. Dave Min was cited in May and pleaded no contest).

CRIME FIGHTERS — A lot of lawmakers talk about taking on retail theft, but few are doing it quite like Assemblymember Tim Grayson.

Grayson and his son physically stopped and detained two people suspected of trying to steal $18,000 worth of merchandise from a Petaluma Sunglass Hut in late September, an adviser for his campaign confirmed to Playbook. According to the police report, two Antioch women had pushed past the store’s security guard and were attempting to flee with the goods when they ran into the lawmaker and his adult son. Each took hold of one of the suspects, who immediately began struggling to get away, and, in the process, hit Grayson in the eyes with pepper spray.

Grayson then forced the woman to the ground and continued to detain her until police arrived, authorities said. The two suspects were booked into Sonoma County Jail on suspicion of felony robbery and felony conspiracy to commit robbery. One was also booked on an additional charge of felony illegal use of a tear gas weapon.

“Although we encourage citizens to be good witnesses and not physically get involved in crimes in progress for their own safety, we are very thankful to the two citizens for their courageous actions which led to these arrests,” Petaluma police said in a statement.

WATCHER IN LAPD: A string of detailed complaints about senior members of the Los Angeles Police Department have come from an anonymous source using a pseudonym. Who is Mel Smith? LAPD headquarters is buzzing about that question. (Los Angeles Times)

BREAKING BREED: The next four months will be critical for San Francisco Mayor London Breed’s reelection fight. First, the APEC conference next week will put SF’s problems under a microscope. Breed has also put three measures on the March 5 ballot for voters — a gambit that will test her vulnerability. (San Francisco Chronicle)

BIRTHDAYS — Katie Rosborough … Keaton Bedell … (was Sunday): Camille von Kaenel ... Nolan McCaskill … Ingrid Dineen-Wimberly … Meryl Holt ... (was Saturday): Florencia Iriondo … David Jay Julius … (was Friday): Judge Charles Breyer ... Dennis Miller … former Rep. Lynn Woolsey (D-Calif.) … CAA’s Rachel Adler

TRANSITIONS — Abram Diaz is the new chief of staff for Assemblymember Jesse Gabriel (D-Encino). He was most recently the policy director for the Non-Profit Housing Association of Northern California and formerly served as legislative director for Gabriel.

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