The suspected corporate assassin, Luigi Mangione, a former Ivy League computer scientist, is unlikely to face federal charges in the murder of UnitedHealthcare CEO Brian Thompson. This removes the possibility of the death penalty, as New York, where the crime occurred, does not have capital punishment. Murder typically falls under state jurisdiction, not federal. While hiring an interstate hitman constitutes a federal crime, personally crossing state lines to commit murder does not. Mangione currently faces a second-degree murder charge in New York. First-degree murder charges in New York are typically reserved for specific circumstances like killing law enforcement officers or mass murders.
Federal intervention is unlikely, despite the case’s high profile. While the possibility exists, especially given the unpredictable nature of the Trump-era Department of Justice, a federal prosecution requires a clear jurisdictional basis, such as a linked federal crime or significant interstate commerce implications. Legal expert Neama Rahmani, a former federal prosecutor, points out that while the case has drawn substantial attention, a federal hook is essential for federal involvement. The Blair County District Attorney’s office has indicated its intent to pursue the case but will defer to the more serious charges in New York.
The Manhattan District Attorney’s Office, led by Alvin Bragg, is expected to handle the prosecution. Federal authorities typically intervene when stricter penalties are necessary or when their resources surpass those of local departments. However, the New York Police Department (NYPD) possesses ample resources and has already compiled a strong case, including fingerprint and weapon matches to the crime scene, according to former FBI agent Nicole Parker. She expresses confidence in the NYPD’s capabilities but raises concerns about Bragg’s prosecutorial approach in light of previous controversies.
New York abolished the death penalty two decades ago, eliminating capital punishment as a possibility in this case. Even if Mangione were to face federal charges, the sole aggravating factor supporting the death penalty would be substantial planning and premeditation, which Rahmani argues is insufficient for capital punishment in this context. He notes that capital punishment is generally reserved for the most heinous crimes. In Mangione’s case, absent other aggravating factors such as multiple victims, a prior criminal record, or the commission of another felony during the murder, a death penalty pursuit would be unusual.
Federal death penalty cases are rare, typically reserved for extreme violence, such as the Boston Marathon bombing. Instances where the federal government seeks the death penalty often involve acts of terrorism or extreme violence with multiple casualties. Examples include the Oklahoma City bombing and the Boston Marathon bombing. The federal government has executed 16 individuals since 2001, a majority of which occurred during President Trump’s first term. While Trump has indicated a desire to expand the death penalty, Mangione’s case does not align with the typical profile of federal death penalty cases.
A further complication arises from the transition to Trump’s second administration. The new U.S. Attorney for the Southern District of New York will require time for confirmation and appointment, allowing the Manhattan DA’s office to make significant progress on the case. The DOJ’s “Petite Policy” generally prevents federal prosecutors from intervening in ongoing state cases unless a substantial federal interest not addressed in the state prosecution exists. This policy further reduces the likelihood of federal involvement in the Mangione case.
