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Justice Decision Keeps Death Penalty Off the Table for Mangione

Midtown Manhattan, New York, USASaturday, February 28, 2026
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Federal prosecutors in New York have decided not to challenge a judge’s ruling that removed the death penalty from the case involving Luigi Mangione. The decision was announced in a letter sent to the court on Friday, and it means the federal trial will likely start this fall with jury selection in September.

The judge, U.S. District Judge Margaret Garnett, had earlier dismissed the death‑eligible charges from Mangione’s indictment. She explained that stalking is not considered a crime of violence, so it cannot serve as the basis for a capital punishment charge in the murder of UnitedHealthcare CEO Brian Thompson. The judge called her conclusion “tortured and strange,” but stood by it.

Prosecutors were given a deadline of Friday to decide whether they would appeal. In their letter, the Department of Justice stated it would not seek an interlocutory review of the court’s order. Mangione’s defense team was silent on the prosecutors’ decision.

The defense had argued that stalking does not qualify as a crime of violence and that pursuing the death penalty was politically motivated, bypassing federal procedures. Mangione has pleaded not guilty to both state and federal charges.

Judge Garnett scheduled jury selection for September 8, with opening statements set for October 13. The case will proceed under the new legal framework that excludes the death penalty.

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