Federal plea could let defense argue state case violates double jeopardy

Luigi Mangione faces two federal stalking charges that carry a maximum penalty of life in prison without parole. Mangione is accused of killing United Healthcare CEO Brian Thompson in New York in 2024. He has pleaded not guilty to all charges in both his state and federal cases.

Mangione’s state trial is scheduled to begin September 8, while the federal trial is listed for January 2027. A federal judge threw out two other charges in January, one of which had carried the death penalty as a possible sentence.

Attorneys for Mangione are scheduled to meet with federal prosecutors in the Southern District of New York on Friday at 11 a.m. for a plea-related conference. US Attorney for SDNY Jamie McDonald confirmed the meeting this week. “There’s a conference scheduled for 11 am on Friday, and that’s all we can say at this time,” McDonald said. It was not immediately clear which specific charges are under discussion in the reported plea negotiations.

Discussion of a plea deal does not guarantee one will be reached, and such arrangements can fall apart. Any deal must also be approved by the court. Mangione’s attorneys, the SDNY, and the Manhattan District Attorney’s office did not respond to the BBC’s request for comment.

If Mangione pleads guilty in his federal case, it could open the door for his defense to argue the state case runs afoul of double jeopardy — a constitutional protection that prevents an individual from being prosecuted twice for the same crime. New York’s state constitution has its own prohibition on double jeopardy, which, if invoked, could have a knock-on effect on Mangione’s upcoming state trial.

“If a federal prosecution has been completed on a matter, the state cannot prosecute the matter on those same facts,” said Mitchell Epner, a white-collar attorney and former federal prosecutor.

Mangione’s attorneys have previously argued he should not be tried in both state and federal court. The judges presiding over both cases have allowed the trials to proceed.