Fact Check: Were All Major Charges Dropped Against Sai Kandula?

The arrest of Sai Kandula, the 19-year-old alleged to have driven a U-Haul van repeatedly into barriers near the White House, has drawn speculation about his motives since the attack last week.

Despite testimony by Kandula claiming an admiration of Hitler, telling agents during questioning that "Nazis have a great history", online commentators have nonetheless made unfounded claims about the incident, such as that a swastika flag found near the scene was "photoshopped."

Now, as Kandula awaits his next date in court, there has been a suggestion that the "major" charges made against the suspect have been dropped.

The Claim

A tweet by conservative commentator @DC_Draino, posted on May 29, 2023, and viewed 1.4 million times, claimed that Sai Kandula, who was arrested in connection with the U-Haul crash, has had "all major charges" dropped against him.

The tweet stated: "Remember this "white supremacist" who rammed a UHaul near the WH gates & had a Nazi flag?

"Well it turns out the same DC prosecutors who imprison peaceful J6'ers for years have dropped all major charges against this Indian immigrant

"Sounds like a cover up"

The Facts

While there is a gram of truth to the claim about Sai Kandula in the recent DC_Draino tweet, it misses out on important context.

Kandula was arrested on May 22, 2023, after United States Park Police and United States Secret Service Uniform Division responded to the U-Haul crash near the White House.

A statement by the United States Park Police said that he was "arrested and charged with assault with a dangerous weapon, reckless operation of a motor vehicle, threatening to kill / kidnap / inflict harm on a president, vice president, or family member, destruction of federal property, and trespassing."

The following day, an affidavit was filed alleging that Kandula had violated "18 U.S.C. § 1361...Depredation of Property of the United States in excess of $1,000."

It added that: "KANDULA's acts were calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct."

The charges mentioned by the United States Park Police were not mentioned in this affidavit. Newsweek has contacted the force and the D.C. Superior Court to ask why.

A spokesman for the U.S. Attorney's Office for the District of Columbia did not tell Newsweek why the charges were not in the affidavit, stating "it's an ongoing investigation."

While that may seem like the "major" charges were dropped, a memorandum in support of pretrial detention provides further details about the seriousness of the depredation offense Kandula was charged with.

While alone "depredation of government property in excess of $1,000" does not tell us a lot, it's an offense listed as a "federal crime of terrorism", under "U.S. Code 18 U.S. Code § 2332b—Acts of terrorism transcending national boundaries."

As the memorandum states, "a maximum term of imprisonment of 10 years or more is prescribed" for it.

It also states that depredation is "a crime of violence... punishable by ten years or more in prison."

Arguing for pretrial detention on grounds of flight risk, United States Attorney Matthew M. Graves wrote: "The charges faced by the Defendant are serious enough that the possible maximum term of imprisonment the Defendant faces upon conviction provides an incentive to flee."

Graves underlined the seriousness of the matter, alleging the attack was "not a spur of the moment decision, it was a deliberate plan."

Graves added: "Notwithstanding the factual impossibility of him accomplishing this act because of security measures in place to protect the U.S. Government and elected officials, the Defendant took significant, substantial steps towards accomplishing his goal."

In any case, the notion that major charges against Kandula had been dropped ignores the fact that the charge he faces is listed under terrorism legislation which carries a maximum prison sentence of 10 years or more.

Although Kandula was due to appear in court on May 31, 2023, a request to delay the hearing was granted, citing the need for more time, the New York Post reported.

The Ruling

Needs Context.

It's true that the offenses Kandula was charged with initially are not listed in an affidavit produced after his arrest.

However, the tweet about this does not mention that this charge is listed as a "federal crime of terrorism" under U.S. Code. The offense carries a maximum sentence of up to 10 years or more.

FACT CHECK BY Newsweek's Fact Check team