DOJ Argues Public Remarks by Trump and Bondi Shouldn’t Bar Death-Penalty Bid in Luigi Mangione Case

Federal prosecutors told a federal court in a 121-page filing that public statements and social-media posts by President Donald Trump, Attorney General Pam Bondi and other officials should not prevent the government from seeking the death penalty against Luigi Mangione.

In the filing, Justice Department attorneys urged the judge not to treat commentary from high-ranking officials or the temporary circulation of posted videos as grounds to disqualify capital punishment from consideration or to dismiss the charges. The brief emphasized that, while pretrial publicity can be intense, "pretrial publicity, even when intense, is not itself a constitutional defect."

Mangione, 27, is accused of fatally shooting UnitedHealthcare CEO Brian Thompson, 50, in midtown Manhattan last December. Federal charges against him include two counts of stalking, one count of murder through the use of a firearm and a separate firearms offense. He has pleaded not guilty to the federal charges and faces related state charges in New York and Pennsylvania.

The government’s response follows a month of disputes between Mangione’s defense team and the Justice Department over public remarks and social posts tied to the Trump administration. Defense attorneys have argued those comments prejudiced Mangione’s right to a fair trial and asked the court to limit aspects of the prosecution, including the pursuit of the death penalty.

In a Sept. 18 interview on Fox News, President Trump said: "He shot someone in the back as clear as you're looking at me ... He shot him right in the middle of the back — instantly dead. ... This is a sickness. This really has to be studied and investigated."

According to court filings by the defense, an X account affiliated with the White House, Rapid Response 47, posted a clip of that interview to more than 1.2 million followers, and Chad Gilmartin, deputy director of the Justice Department’s public affairs office, also reposted the video. Defense lawyers argued such distribution — and earlier comments by Pam Bondi indicating the administration's intention to seek the death penalty when possible — tainted the prosecution.

DOJ attorneys told the judge they "promptly directed" the posts be removed and stressed that the officials who commented are not part of the prosecution team. The government’s filing also cited precedent that public rhetoric by senior officials is "not a proxy for proof of prejudicial effect," and courts generally presume prosecutors will perform their duties properly absent clear evidence to the contrary.

Prosecutors also opposed a defense motion to suppress evidence, defending a warrantless inspection of Mangione’s backpack at arrest. The filing said officers were justified in ensuring the bag did not contain dangerous items before transporting it. Authorities allege Mangione had a journal at the time of his arrest containing an entry that referenced the CEO and an annual investor meeting scheduled hours after the killing.

The shooting and arrest have sparked broader public debate over the cost of health care and corporate influence. In earlier court documents, defense attorneys accused UnitedHealth of attempting to influence the administration and pointed to reporting that the company increased lobbying activity after the killing. UnitedHealth has said it engages with government leaders to improve patient access and affordability.

Mangione is due back in federal court on Dec. 1 for a pretrial hearing. The parties continue to brief the court on the impact, if any, of public statements and social-media activity on the fairness of the proceedings.