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Mangione Arrives in New York (Is the Terrorism Charge a Mistake?)

Pennsylvania Department of Corrections via AP

Luigi Mangione arrived in New York City by helicopter and even the mayor turned out for his perp walk.

You can see the mayor walking just behind him.

Mangione had initially fought extradition from Pennsylvania back to New York but this morning he changed his mind.

Mangione formally waived his extradition to New York during a hearing in Blair County, Pennsylvania, this morning and was immediately placed on a flight to New York.

Also today, federal charges against him were unsealed.

According to a federal criminal complaint unsealed Thursday morning, he’s been charged with murder through use of a firearm, two stalking charges and a firearms offense.

Federal prosecutors say they have jurisdiction in the case because of Mangione’s “travel in interstate commerce” – taking a bus from Atlanta to New York prior to the killing – as well as “use of interstate facilities” by allegedly utilizing a cell phone and the internet “to plan and carry out the stalking, shooting, and killing of Brian Thompson in the vicinity of West 54th Street and Sixth Avenue in Manhattan.”

I'm honestly not sure what the point of this is since Mangione was already facing first degree murder and terrorism charges in New York. It feels like the feds are muscling in here just because they want to claim some credit for what looks to be an open and shut case. Mangione's written statements read like a confession of the crime plus there is all kinds of physical and video evidence showing he was there. 

But there's an opinion piece out today by a criminal defense lawyer arguing that the terrorism charge was a mistake. Did New York needlessly overcomplicate this case?

Manhattan prosecutors have what looks to be a pretty straightforward case of second-degree murder, the charge that is almost always filed in New York State in cases of intentional murder...

By charging Mr. Mangione as a terrorist, prosecutors are taking on a higher burden to support a dubious theory...

The evidence appears to suggest that Mr. Mangione was bent on assassinating Mr. Thompson rather than intending “to sow terror,” as Mr. Bragg alleged in his news conference unsealing Mr. Mangione’s indictment. Mr. Mangione’s notebook reportedly says that he planned a targeted assassination because he did not want to “risk innocents.” So while this statement incriminates Mr. Mangione as a murderer, it appears to undermine the terrorism charge.

By taking on the burden of trying to prove Mr. Mangione’s essentially political intent, prosecutors could amplify the criticisms of the American health care system that have made Mr. Mangione so alarmingly popular. 

I'm not an attorney but the author is downplaying the degree to which Mangione's stated reasons for the murder fit with what we would normally think of as domestic terrorism. Mangione didn't want to commit this murder for some personal reason. He wasn't even covered by UnitedHealthcare. His attack was intended to punish a group of people he described as "parasites." He also had endorsed the idea that violence was a way to create social change. Today there are some new details which come from a notebook Mangione had with him when he was arrested.

“The Notebook entry also stated that ‘the target is insurance’ because ‘it checks every box,’” according to the complaint...

“This investor conference is a true windfall … and — most importantly — the message becomes self evident,” an entry says, according to the complaint.

Mangione's target wasn't Brian Thompson, his target was "insurance." And the goal was to send a message that would be more obvious to everyone because of the investor conference.  Again, I don't know if this fits the specific legal definition of terrorism used in New York but it certainly matches the dictionary definition: "the unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims."

Of course you could argue that it's better to simply get Mangione behind bars on the open and shut 2nd degree murder case than to force the state to prove this was a political murder. However, it seems to me there's a real downside to not confronting what Mangione actually did. Specifically it lets him get away with an act of terrorism, one that seems to have inspired plenty of people on the left. The fact that he is being called a folk hero by some is exactly why he should face terrorism charges. The state needs to send a message that such behavior won't be tolerated or overlooked. Shrinking back in the face of a mob will only encourage the mob.

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