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.
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)