NEW YORK (AP) — Luigi Mangione is due in court Tuesday as his lawyers push to have his state murder charges thrown out in the killing of UnitedHealthcare CEO Brian Thompson. They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.
Also to be decided: a trial date and whether the state case or federal case will go first.
They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.
Unfortunately, they don’t. You can be charged in State, Federal, and Military jurisdictions for the same offense - provided that the charge is applicable in each jurisdiction.
My own opinion is that the federal charges are super weak here. They only exist because Luigi is accused of “crossing state lines.” So far as I’m aware, interstate travel isn’t illegal. The fact that interstate travel occurred before and/or after a crime was committed shouldn’t make that a federal crime. Otherwise, everything is a federal crime.
Words are cheap. Defense lawyers are supposed to make every plausible argument, even if they know it will be rejected. This is mostly for appeal purposes. They don’t want their client to be in a position 20 years from now where the Supreme Court overturns the dual sovereign doctrine; but their client cannot take advantage of it because his trial lawyers failed to preserve the issue.
Also, as the Judge points out, there is state double jeopardy law that is stronger. However, it is procedurally too early to attempt to invoke it.
Perfect, thank you.
Isn’t that basically what his defense is arguing though? That without sufficient jurisdiction, it’s effectively double jeopardy, and the federal government is only bringing a case forward because they want the death penalty to be on the table
Mangione’s lawyers argued that the New York case and a parallel federal death penalty prosecution amounted to double jeopardy. But Carro rejected that argument, saying it would be premature to make such a determination.
Bragg’s office contended that there are no double jeopardy issues because neither of Mangione’s cases has gone to trial and because the state and federal prosecutions involve different legal theories.
Mangione’s lawyers said the dueling cases have created a “legal quagmire” that makes it “legally and logistically impossible to defend against them simultaneously.”
If they were arguing against federal jurisdiction, they would be arguing against federal jurisdiction, not saying that it “amounted to” double jeopardy. The judge has still left the double jeopardy argument open, though.
Right. If he had brought the body across state lines, then I believe that might trigger it as federal.
But i could be wrong.
The only thing I can think of that they might have to hook federal charges on is if they’re saying he crossed state lines as part of a plan to commit a crime, where that plan was executed (pun intended).
Litigation Calendar
https://www.luigimangioneinfo.com/Tuesday, 9/16, 9 a.m.: People v. Mangione (NY State), 100 Centre Street, Part 32, New York, NY 10013
Friday, 12/5, 11 a.m.: USA v. Mangione (NY Federal), 40 Foley Square, Courtroom 110, New York, NY 10007
TBD: Commonwealth v. Mangione (PA State), 423 Allegheny Street, Hollidaysburg, PA 16648
I guarantee he’ll end up shanked to death. There is no way they’re leaving him alive, and due process has its pitfalls.
But random prison violence? Could always happen…
Nah—the danger he represents is not as an individual but as an example. His fate needs to serve as a deterrent, and apparent random violence doesn’t have that effect.
Need to find a way for him to fall out of an 11th story window in a prison.
They can’t let him get to prison, and if they do, they have to make sure his cellmate plays along, or they arrange rewards for the group that takes him down.
If anyone in wherever he gets housed picks up what he did, he could end up leading the greatest prison revolt of all time.
Charasmatic intellectuals with an inherent distaste for authority are the most dangerous people for authoritarians.
By all accounts he’s very popular with other prisoners. Might be tough for someone to get to him, and especially tough to get away alive if they do attack Luigi
I found a live feed of the “stakeout” at the courthouse:
https://m.youtube.com/watch?v=VDmblURNkSA