A federal judge in New York stated Wednesday that no less than two senior US Department of Justice (DOJ) officials “appear[ed] to be in direct violation” of a local court rule when they issued out-of-court statements suggesting Luigi Mangione, the suspect in the shooting of UnitedHealthcare CEO Brian Thompson, was guilty before trial.
Judge Margaret M. Garnett ordered prosecutors to explain by October 3 how the DOJ officials’ statements occurred and what safeguards will prevent further violations.
Her order came a day after Mangione’s defense team filed a letter alleging that federal officials, including President Donald Trump, made incriminating comments that undermined Mangione’s right to a fair trial and violated court rules.
In a Fox News appearance on September 18, President Trump said that Mangione “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.” These comments were retweeted by DOJ official Chad Gilmartin with the caption “@POTUS is absolutely right,” and Gilmartin’s comments were retweeted by DOJ official Brian Nieves. The same day, a White House press release, “President Trump isn’t backing down from crushing radical left violence,” connected Mangione with Antifa and stated that “leftists celebrated Luigi Mangione for gunning down UnitedHealthcare CEO Brian Thompson.”
Mangione’s lawyers argued in their filing that:
The attempts to…paint [Mangione] as a ‘left wing’ violent extremist are false, prejudicial, and part of a greater political narrative that has no place in any criminal case, especially one where the death penalty is at stake … Mangione in fact does not support these violent actions, does not condone past or future political violence, nor is he in any way aligned with the group mentioned in the White House press release.
Mangione has pleaded not guilty to both state and federal charges. Federal prosecutors are pursuing the death penalty under President Trump’s Executive Order “Restoring the Death Penalty and Protecting Public Safety,” which directs the federal government to pursue executions “where possible.”
On Thursday, Trump issued an Executive Order “Countering Domestic Terrorism and Organized Political Violence,” which mentions a “2024 assassination of a senior healthcare executive” as part of a “pattern of violent and terroristic activities under the umbrella of self-described ‘anti-fascism.'” Neither Mangione nor Thompson were mentioned by name.
Judge Garnett warned prosecutors that “future violations may result in sanctions, which include personal financial penalties, contempt of court findings, or relief specific to the prosecution of this matter.”
She also added that the court will also review the additional allegations raised in the defense’s September 23 filing.
