Death Penalty Off the Table in Luigi Mangione Federal Case

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FILE - Luigi Mangione appears in Manhattan Criminal Court for an evidence hearing, Dec. 18, 2025, in New York. Screenshot courtes of (Shannon Stapleton/Pool Photo via AP, File) The Associated Press

Federal prosecutors will not appeal a judge’s ruling that removed the death penalty from consideration in the case against Luigi Mangione, clearing the way for his federal trial to move forward this fall.

In a letter filed Friday, the Department of Justice told the court it “will not seek interlocutory review” of the decision that dismissed the death-eligible counts in Mangione’s indictment.

Judge’s Ruling Reshapes Prosecution

In January, U.S. District Judge Margaret Garnett struck the charges that could have made Mangione eligible for capital punishment. Garnett acknowledged her conclusion may seem “tortured and strange,” but ruled that stalking does not qualify as a crime of violence — a necessary predicate to pursue the death penalty.

Mangione is accused of stalking and killing Brian Thompson, the CEO of UnitedHealthcare, in Midtown Manhattan in December 2024. He has pleaded not guilty to both state and federal charges.

Trial Timeline Set

With the death penalty no longer in play, jury selection in the federal case is scheduled to begin Sept. 8, with opening statements expected Oct. 13.

Mangione is also set to stand trial in state court starting June 8.

Defense Reaction

Mangione’s legal team had no comment Friday on prosecutors’ decision not to appeal. However, the defense previously argued that stalking “fails to qualify as a crime of violence” and claimed the government’s initial pursuit of capital punishment was politically motivated and bypassed federal protocols.

The DOJ’s decision not to challenge the ruling effectively locks in the non-capital path for the federal prosecution, narrowing the stakes as the high-profile case heads toward trial.

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