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How Luigi Mangione’s notebook helped federal prosecutors build their case, and what’s next as he faces more charges

How Luigi Mangione’s notebook helped federal prosecutors build their case, and what’s next as he faces more charges

These were the records revealed in a notebook found in Luigi Mangione a possession authorities say would help investigators build a federal case against him — a well-planned murder that involved tracking the movements of his intended victim, UnitedHealthcare CEO Brian Thompson.

The record dated August 15 states: “Finally, the details are being clarified,” according to A The federal complaint was unsealed Thursday. “I’m glad — in a way — that I delayed,” Mangione allegedly wrote, saying it gave him time to learn more about the company he targeted, whose name was redacted by prosecutors.

“The goal is insurance,” because “she checks every box,” the notebook says, according to the complaint.

The federal complaint marked the first public acknowledgment of the notebook by investigators more than a week after its existence first reported by CNN.

The high-profile case took an unusual turn when Mangione, 26, was indicted Thursday on new federal charges, in addition to the state charges he already faces in the Dec. 4 executive killing in Manhattan, including first-degree murder as an act of terrorism. The move appeared to surprise his lawyers.

The state and federal trials will now “run in parallel,” according to the Manhattan district attorney’s office.

But Mangione’s attorney, Karen Friedman Agnifilo, said the new charges, which include murder with a firearm, two counts of stalking and a felony firearm, “raise serious constitutional and statutory double jeopardy concerns.”

Although it is unusual for federal prosecutors to take on a case like Mangione’s, legal experts say a plea of ​​double jeopardy — the doctrine that prevents anyone from being prosecuted twice for the same crime — is unlikely to succeed.

Mangione, now in federal custody, is expected to stand trial in the state, prosecutors said. The Manhattan District Attorney’s Office is working with federal authorities to schedule Mangione’s arraignment on the state murder charge, which could take place as soon as Monday. Meanwhile, federal prosecutors are expected to seek an indictment from a grand jury.

The federal charges carry the possibility of the death penalty for Mangione if convicted of the federal murder charge, while the state charges carry a maximum penalty of life in prison without parole.

Prosecutors have not indicated whether they will seek the death penalty, and the final decision must be approved by the U.S. attorney general.

The notebook helps the feds build their case

According to the federal complaint, authorities allege Mangione’s possession “contains several handwritten pages expressing hostility toward the health insurance industry and high-net-worth executives in particular.”

“Details from the notebook helped the feds build their case because they show interstate stalking and premeditated ambushes,” said David Shapiro, a professor at the John Jay College of Criminal Justice. “It’s all there, and it’s part of a months-long plan to cross state lines.”

In an Oct. 22 note, the author said, “This conference for investors is a real surprise … and — most importantly — the message is coming through.” The recording also describes the intention to “beat off” the CEO of the insurance company at the conference.

Shapiro says it’s unusual for federal prosecutors to take on a case like Mangione’s because, historically, homicide has largely been prosecuted by states because it’s a jurisdictional crime.

The federal complaint added four new federal charges against Mangione, who was indicted on an 11-count indictment in New York this week. The charges include two counts of second-degree murder, one of which alleges he committed the killing “as a crime of terrorism.”

Luigi Mangione is escorted out of the Blair County Courthouse in Hollidaysburg, Pa., after an extradition hearing on Tuesday, Dec. 10. - Eduardo Munoz/ReutersLuigi Mangione is escorted out of the Blair County Courthouse in Hollidaysburg, Pa., after an extradition hearing on Tuesday, Dec. 10. - Eduardo Munoz/Reuters

Luigi Mangione is escorted out of the Blair County Courthouse in Hollidaysburg, Pa., after an extradition hearing on Tuesday, Dec. 10. – Eduardo Munoz/Reuters

But both state and federal charges are not unprecedented.

The impetus for the federal charges came from the U.S. attorney’s office, multiple law enforcement sources told CNN. Because the FBI was already involved in the investigation, assisting the NYPD with out-of-town leads, FBI agents were asked to file a federal complaint based on evidence gathered by NYPD detectives working on the state charges and the Pennsylvania police who arrested Mangione.

Federal prosecutors say they have jurisdiction over the case because Mangione “traveled in interstate commerce” — taking a bus from Atlanta to New York before the killing — and “used interstate facilities,” allegedly using a cell phone and the Internet “to plan and carry out stalking, shooting and murdering” Thompson in broad daylight on a Manhattan sidewalk.

The defense questions the accompanying allegations

In Mangione’s first appearance in a New York court on Thursday, Anyifilo asked prosecutors to clarify whether there was a joint investigation between federal and state prosecutors or two separate investigations.

Mangione’s defense team appears poised to argue that the concurrent charges could conflict with his rights as a criminal defendant, several legal experts told CNN.

“The federal government’s reported decision to add an already overstated count of first degree murder and state terror is highly unusual and raises serious constitutional and statutory double jeopardy concerns,” Anyifilo said. “We are prepared to fight these charges in whatever court they are brought.”

Anyifilo’s request to prosecutors Thursday is about “creating smoke and doubt,” Shapiro said.

Mangione’s lawyer could file a double jeopardy motion, but that’s unlikely, according to Shapiro and Eli Honig, a CNN senior legal analyst and former federal and state prosecutor. The The Supreme Court issued a decision in 2019 that state and federal agencies can bring charges against a person for the same conduct because they operate as separate entities.

“It does not violate the principles of double jeopardy if the same person is charged separately by the federal authorities and the state,” Honig told CNN. “That rationale is that these are separate government agencies, in which case the nature of the fees is technically different.”

According to Shapiro, it’s unlikely that a judge at the trial level would “take the risk of ruling that it’s double jeopardy and dismiss it” because “the social stakes are enormous.”

Karen Friedman Agnifilo, attorney for Luigi Mangione, appears outside U.S. District Court in New York on Thursday, Dec. 19. - Jeenah Moon/ReutersKaren Friedman Agnifilo, attorney for Luigi Mangione, appears outside U.S. District Court in New York on Thursday, Dec. 19. - Jeenah Moon/Reuters

Karen Friedman Agnifilo, attorney for Luigi Mangione, appears outside U.S. District Court in New York on Thursday, Dec. 19. – Jeenah Moon/Reuters

Manhattan District Attorney Alvin Bragg said the state case against Mangione “will be tried concurrently” with the federal case.

However, according to Shapiro, “parallel” means “a kind of two independent tracks, one above the other.” Instead, he says, the two federal and state investigators are effectively “crossing like threads in a yarn. They work together.”

Finding an impartial jury can be difficult

Federal prosecutors have asked for Mangione’s detention, and his lawyers told the court they will not seek bail now but reserve the right to do so later. Mangione is being held at the Brooklyn Detention Center, the only federal prison operating in New York.

The biggest challenge facing Mangione’s prosecution is jury nullification because, Shapiro said, “you’re going to get a group of jurors that have some familiarity with the case.”

The killing of Thompson, a husband and father of two, exposed the anger many Americans feel about the health care industry, and Mangione drew attention to wide support in social networks after his arrest. After his murder, officials witnessed a “shocking and horrifying celebration of cold-blooded murder,” said New York Police Commissioner Jessica Tisch.

Luigi Mangione sits between his defense attorneys, Karen Friedman Anyifilo and her husband, Mark Anyifilo, during a hearing in federal court in New York on Thursday, Dec. 19. - Jane Rosenberg/ReutersLuigi Mangione sits between his defense attorneys, Karen Friedman Anyifilo and her husband, Mark Anyifilo, during a hearing in federal court in New York on Thursday, Dec. 19. - Jane Rosenberg/Reuters

Luigi Mangione sits between his defense attorneys, Karen Friedman Anyifilo and her husband, Mark Anyifilo, during a hearing in federal court in New York on Thursday, Dec. 19. – Jane Rosenberg/Reuters

According to Shapiro, jurors can override the law and return a verdict of not guilty based on their personal beliefs, even if they believe the evidence presented at trial proves guilt beyond a reasonable doubt.

“Jury recall is the secret hope and dream of every lawyer who doesn’t have a case,” Shapiro said. “You cannot argue for annulment as a defense attorney. But a juror can decide on their own to overturn the law, ignore the evidence, and say they won’t convict for their own reasons.”

In both the federal and state cases against Mangione, prosecutors likely don’t want to try the case because it gives Mangione “a soapbox to express his views,” Shapiro said.

“I think they want Mangione to plead guilty, that’s why they’re giving him the death penalty,” he said.

CNN’s Andy Rose, Cara Scannell, Lauren del Valle, Aditi Sangal and John Miller contributed to this report.

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