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Mangione Defense Seeks to Toss Indictment, Citing White House and DOJ Pretrial Publicity

Defense lawyers say government statements have tainted the jury pool, prompting a request to dismiss the case or drop the death notice.

Overview

  • In an Oct. 17 filing, Luigi Mangione’s attorneys asked a New York federal judge to dismiss the indictment or withdraw the death-penalty notice, arguing the prosecution has been politicized.
  • The filing cites President Trump’s Sept. 18 Fox News remarks calling Mangione “a pure assassin” and a White House clip later reposted by DOJ public affairs official Chad Gilmartin.
  • Prosecutors told the court the reposts were promptly taken down and said the officials involved are not part of the prosecution team.
  • Defense lawyers also point to Trump’s Sept. 25 domestic-terror memorandum referencing a “2024 assassination of a senior healthcare executive” and to Attorney General Pam Bondi’s directive to seek the death penalty.
  • Parallel proceedings continue as a New York judge previously dismissed state terrorism enhancements and the Pennsylvania case is paused until Mangione can appear in person while he remains in federal custody.