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Toss out Luigi Mangione's death penalty charges? Judge says arguments 'very helpful.'


By

Samantha Max

Published Jan 9, 2026

Modified Jan 9, 2026


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Luigi Mangione (R) appears in Manhattan Supreme Court for a pretrial evidence hearing in the murder case of UnitedHealthcare CEO Brian Thompson, in New York, on December 9, 2025.

 

Photo by John Angelillo / POOL / AFP via Getty Images


By

Samantha Max

Published Jan 9, 2026

Modified Jan 9, 2026


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A judge will soon decide whether Luigi Mangione should still face the most serious charges against him, including one that could result in the death penalty, following a hearing in Manhattan federal court on Friday.

Mangione, 27, has pleaded not guilty to federal charges of stalking, murder through use of a firearm and another firearms offense in connection with the killing of UnitedHealthcare CEO Brian Thompson. Federal prosecutors have pledged to seek the death penalty against Mangione if he is found guilty of the murder charge.

On Friday, Mangione’s attorneys argued that the murder and firearms charges should be thrown out because federal prosecutors are relying on flawed legal arguments. Prosecutors argued that the indictment against him is legally sound and that the case should move forward as is.

At the core of the legal dispute is whether the two stalking charges against Mangione qualify as “crimes of violence” under the legal definition. Because of complex legal intricacies in federal law, how the judge decides on that matter could determine whether Mangione continues to face the federal murder and firearms charges.

During a hearing that lasted nearly three hours, attorneys for each side waded deep into the technical aspects of the case, shifting between wonky analysis of past court decisions and vivid descriptions of hypothetical scenarios involving imagined perpetrators and victims of crimes.

“I have enjoyed this,” U.S. District Judge Margaret Garnett told attorneys at the end of the hearing. “I found it very helpful.”

Mangione, an Ivy League graduate from the Baltimore suburbs, has become a divisive and high-profile figure since his arrest. President Donald Trump and members of his administration have condemned Thompson’s killing; Trump's press secretary referred to the late CEO’s alleged killer as a “left-wing assassin” at a press conference last year. Meanwhile, throngs of supporters have praised Mangione online and flocked to his court appearances, with some using the shooting as an opportunity to call for reforms to the country’s health insurance system.

A large group of supporters lined up outside the courtroom on Friday, presenting driver’s licenses or passports to court staff to secure a spot inside. Attorneys, reporters and members of the public filled every seat. Throughout the hearing, Mangione sat quietly throughout the hearing, wearing a khaki jail uniform over a white, long-sleeved T-shirt. At times, he tilted his head and looked at the lawyers, clasped his hands in front of his face, or hunched his shoulders and leaned his head over the defense table.

Defense attorneys also asked Garnett to hold an evidentiary hearing regarding items that police found while searching Mangione's belongings when he was arrested in Altoona, Pennsylvania. They made similar arguments last month during a dayslong pre-trial hearing in Manhattan state court, where Mangione has pleaded not guilty to state murder and firearms charges.

The lawyers have argued in court papers that the evidence — including a notebook, a hand-drawn map and a bus ticket — should not be used at trial, because they say police broke procedures and violated Mangione’s constitutional rights. Prosecutors have denied those claims. In court on Friday, Garnett said she was unlikely to hold an evidentiary hearing about the backpack but would make a final decision in the next couple weeks.

The judge overseeing Mangione’s state case is expected to decide in May whether to allow the evidence from Mangione’s backpack to be used at his state trial. A trial date has not yet been set in that case. Jury selection for the federal trial could start as early as September, Garnett said in court Friday. But she said she would wait to finalize a date until she determines whether Mangione will continue to face the possibility of capital punishment.

Tagged

manhattan

public safety


Samantha Max

Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.

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