Federal prosecutors told a judge Wednesday that no harm was done to prospects for a fair trial after two U.S. Justice Department officials reposted potentially inflammatory comments President Donald Trump made about Luigi Mangione after he was charged with assassinating UnitedHealthcare’s CEO.
They said in a written submission in Manhattan federal court that the two employees aren’t working on the case and didn’t know that the judge had warned lawyers to be careful what they share publicly. They said they have since been warned.
And they said the distance from a trial date that has not yet been set makes it even less likely that anything said publicly might impact potential jurors who would be chosen to hear the case.
“These individuals are not members of the prosecution team, or trial counsel or staff supervised by the prosecution team, or otherwise employed by the U.S. Attorney’s Office for the Southern District of New York. Nor are they law enforcement agents working on this prosecution,” prosecutors wrote.
“They operate entirely outside the scope of the prosecution team, possess no operational role in the investigative or prosecutorial functions of the Mangione matter, and are not ‘associated’ with this litigation,” they said.
Requests for comment were sent to Mangione’s defense lawyers.
Judge Margaret M. Garnett last month said the officials likely broke court rules governing the conduct of prosecutors by reposting Trump’s comments. She asked the department to explain how the violations occurred and what steps were taken to prevent a recurrence.
On Sept. 18, Trump was on Fox News when he called Mangione “a pure assassin.”
“He shot someone in the back as clear as you’re looking at me,” Trump said. “He shot him right in the middle of the back, instantly dead.”
A video clip of Trump’s remarks was then posted on the social platform X by the White House.
Chad Gilmartin, a Justice Department spokesperson, reposted the comment, adding that “@POTUS is absolutely right.” Gilmartin’s post, which was later deleted, was then reposted by Brian Nieves, an associate deputy attorney general.
Mangione has pleaded not guilty to state and federal charges in the fatal shooting of Brian Thompson on Dec. 4 as he arrived at a Manhattan hotel for his company’s annual investor conference.
Earlier in September, defense lawyers for Mangione had asked that his federal charges be dismissed and the death penalty be taken off the table as a result of public comments by U.S. Attorney General Pam Bondi.
They later told the judge that the government was continuing to prejudice their client’s right to a fair trial with the re-postings on social media of Trump’s comments.
Bondi declared prior to his April indictment that capital punishment is warranted for a “premeditated, cold-blooded assassination that shocked America.” Bondi announced in April that she was directing Manhattan federal prosecutors to seek the death penalty for Mangione.
In the federal case, Mangione is charged with murder through use of a firearm, which carries a potential death penalty, as well as stalking and gun offenses.
