DOJ Says Public Comments Shouldn’t Bar Death-Penalty Pursuit in Luigi Mangione Case

Overview: The Justice Department filed a 121-page brief arguing that public statements and social-media posts by senior administration figures should not prevent prosecutors from seeking the death penalty against Luigi Mangione.

In its filing, DOJ attorneys told the court that comments by the president, Attorney General Pam Bondi and other officials — as well as related social-media reposts — do not amount to legal prejudice requiring dismissal of charges or automatic disqualification of capital punishment.

Prosecutors: Public Rhetoric Is Not Proof of Prejudice

“Pretrial publicity, even when intense, is not itself a constitutional defect,” the prosecutors wrote, arguing that public rhetoric should not be treated as a substitute for evidence of actual prejudice.

The filing emphasized that posts were removed after being flagged and that the officials who shared the material are not part of the prosecutorial team handling the case.

Charges and Defense Arguments

Mangione, 27, is accused of fatally shooting UnitedHealthcare CEO Brian Thompson, 50, on a midtown Manhattan street last December. He has pleaded not guilty to two federal counts of stalking, one count of murder through the use of a firearm, and one firearms-related count, as well as to related state charges pending in New York and Pennsylvania.

Defense lawyers asked the court to consider public comments — including a Sept. 18 Fox News interview in which the president said Mangione "shot someone in the back as clear as you’re looking at me" — and social-media posts that circulated the clip. An X account affiliated with the White House, Rapid Response 47, and a DOJ public affairs official, Chad Gilmartin, reposted the segment, according to defense filings. The defense contends those actions have prejudiced Mangione’s right to a fair trial and have urged that comments by the attorney general preclude seeking the death penalty.

In April, Attorney General Pam Bondi told Fox News: "The President’s directive was very clear: we are to seek the death penalty when possible. If there was ever a death case, this is one," an assertion the defense cited in arguing for disqualification.

Government Response and Evidence Issues

DOJ lawyers responded that public statements by high-ranking officials do not equal proof of unfairness in court and noted precedent that courts typically presume prosecutors will perform their duties properly absent clear evidence to the contrary. They also said they "promptly directed" the removal of certain posts once aware of them.

The filing also opposed a defense motion to suppress evidence related to a warrantless search of Mangione’s backpack. Prosecutors argued officers were justified in inspecting the bag to ensure it did not contain dangerous items before transporting it. They further allege that Mangione carried a journal at the time of his arrest that included an entry suggesting someone should “wack the CEO at the annual parasitic bean-counter convention.” Thompson was killed hours before UnitedHealthcare’s annual investor conference.

Context and Next Steps

Thompson’s killing and the arrest of Mangione have fueled a broader public conversation about the cost of health care in the United States and the relationship between large health companies and government. In earlier filings, Mangione’s lawyers accused UnitedHealth of attempting to influence the administration, citing reporting about meetings between company officials and government representatives and subsequent increases in lobbying efforts.

Mangione is scheduled for a pretrial hearing on Dec. 1. Neither side has provided additional comment beyond court filings.