NEW YORK (AP) — Luigi Mangione returned to federal court Friday for a pivotal hearing in his fight to bar the government from seeking the death penalty against him in the killing of UnitedHealthcare CEO Brian Thompson.
Mangione’s lawyers contend that authorities prejudiced his case by turning his December 2024 arrest into a “Marvel movie” spectacle and by publicly declaring their desire to see him executed even before he was formally indicted.
If that doesn’t work, they argue, the charge that has enabled the government to seek the death penalty — murder by firearm — should be thrown out because it is legally flawed.
Federal prosecutors say Mangione’s lawyers are wrong, countering that the murder charge is legally sufficient and that “pretrial publicity, even when intense” is hardly a constitutional crisis. Any concerns about public perceptions can be alleviated by carefully questioning prospective jurors about their knowledge of the case, prosecutors wrote in a court filing.
Mangione has pleaded not guilty to federal and state murder charges, which carry the possibility of life in prison.
This will be interesting as it will set the precedent for when Jonathan Ross is tried. /s
The real question is, would they be seeking the death penalty if there wasn’t some form of political support for him? I don’t think they would be.
I don’t think jury nullification should be used lightly. But if the government is trying to kill a guy for political reasons, then it is the most rational choice.
I thought the death penalty charges were already laughed out of court?
Oh, wait, it was the TERRORISM charges…
Oh yeah, the Feds and State are playing both ends against the middle. If they get turned down by the state, they take another run at it with the Feds. These psychos never heard of double jeopardy.
A death penalty charge was laughed out of state court. This article is about federal court. Luigi is facing trial simultaneously at both levels.
The previous hearing on the evidence suppression for 4th and 5th amendment violations was completed in state court. Mangione has to reargue all of those issues again in federal court. And the two court systems could come to different conclusions.
Plus there are a couple of extra items that are federal only, that the article mentions.
And the two court systems could come to different conclusions.
Which is why they should have to choose one path, and stick to it. The guy committed a crime (allegedly), and he should be tried once for it, not over and over until they get a judge or jury who goes along. This is why we have double jeopardy.
Here’s some explanation of the Dual Sovereignty Doctrine.
New York State is a sovereign state that derives original sovereign power from the citizens of New York. Meanwhile, the United States is also an original sovereign power that derives its power from the entire people of the United States. (Remember, the Constitution is established by “we, the People”. The U.S. is not just an agreement between individual states). Both governments have original power over the geographic territory of New York. The regular powers of government are split between the two according to the terms of the Constitution.
Thus, New York State can exercise its General Police Power to prosecute Mr. Mangione for murder. This power is not granted by the Constitution, but it is recognized by the Constitution. The United States government can simultaneously exercise its power to Regulate Interstate Commerce, by prosecuting Mr. Mangione for the crime of “interstate stalking that caused the death of a person.”
Yeah, well that sword cuts both ways. If the Feds decide to give that ICE Killer a pass, Minnesota gets to take a run at him. The difference is that Luigi is likely to survive two juries, due to Jury Nullification, at least (plus a weak case), while the ICE Killer is unlikely to survive both (plus an easy case)
Biden could have done something useful and pardoned him.
And PO his owners?
Yeah why not motherfucker has terminal cancer. He should of done shit ton of good. Fucking coward I be glad when he Fucking dies.
Same and fuck Kamala all the way to hell too. Can’t believe that cunt still wants to try to run again. Just fuck off ya stupid loser.
Wtf, I thought that was the whole point of “double jeopardy”. The US court system is even more messed up than I imagined.
State / federal dual sovereignty is a very infamous loophole to double jeopardy.
What if he is free in one but convicted in the other? How does that work? Super odd.
It’s more common than you might think. This is why there are federal and state prisons. Federal and state statues and judges. It’s a complex system.
Basically the federal and state don’t override each other on this.
How does that not count as double jeopardy?
I’m not a lawyer, just drink with one, but my understanding is double jeopardy applies to each level separately. So the state can’t try him twice for murder, and feds can’t try him twice for murder, but each can try him separately.
There’s a guy on YouTube, Legal Eagle, he might have a video explaining double jeopardy that’s worth watching
America’s so-called justice system is a cluster fuck at best.
Wait until you hear about county and city laws.
Then he only goes to jail one time. If you get convicted of both, you can end up being released from one and immediately re-arrested for the other.
If both trials end in jail time, one 5 years, the other 7 years, would he be gone for 7 years or 13?
The sentences would probably run consecutively (13). I don’t know if federal and state sentences can run concurrently.
Damn. Even when he makes a sad face, he’s hot.
