Why political assassination cases aren't automatically death penalty eligible

The alleged assassination plots tied to Luigi Mangione and Tyler Robinson were chillingly deliberate, prosecutors say, yet some cases stumbled implicit the aforesaid unexpected hurdle — U.S. instrumentality doesn’t connection a wide way to the apical punishment erstwhile determination is simply a governmental motive but the unfortunate doesn't travel from a protected category.

Mangione, 27, is accused of gunning down UnitedHealthcare CEO Brian Thompson successful Manhattan connected Dec. 4, 2024. He allegedly wrote governmental messages connected ammunition casings recovered from the scene.

Months later, Robinson, 22, was accused of sniping Charlie Kirk arsenic helium spoke to a assemblage astatine Utah Valley University successful September, and successful an alleged copycat twist, besides near down casings with messages engraved successful them.

Thompson, 50, and Kirk, 31, were some joined fathers of two. Both of their murders person an alleged governmental motive. Yet prosecutors successful each lawsuit person been forced to get originative with however they charged them successful bid to question the maximum imaginable punishments — beingness without parole successful New York and execution successful Utah.

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Luigi Mangione, left, and Tyler Robinson, right, are some accused of abstracted politically motivated assassinations that targeted UnitedHealthcare CEO Brian Thompson and Turning Point USA laminitis Charlie Kirk. (Sarah Yenesel/Pool and Rick Egan/Pool via Reuters)

Manhattan District Attorney Alvin Bragg's bureau had charged Mangione with coercion enhancements successful bid to warrant a first-degree execution complaint nether authorities law, which could person been punished with a maximum condemnation of beingness successful situation without the anticipation of parole. The justice threw that complaint out, and Mangione faces a second-degree execution charge, which has a maximum punishment of beingness successful situation with the anticipation of parole remaining.

While New York has a state-level panic charge, Utah doesn't.

"Interestingly, had [Robinson] been charged successful national court, it would’ve been a violent act, committing an enactment of governmental panic — but successful the authorities strategy they don’t person that aforesaid statute successful charge, truthful they brought the execution case," said Greg Rogers, a UVU prof and erstwhile FBI agent. "It wasn’t that they didn’t judge they could beryllium a coercion lawsuit successful that matter, it was conscionable that it was gonna beryllium charged successful authorities tribunal alternatively than federal."

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UnitedHealthcare CEO Brian Thompson was changeable successful the backmost extracurricular a Manhattan edifice successful December 2024, connected the greeting of a planned shareholder conference. (AP Photo/UnitedHealth Group via AP)

The New York justice overseeing Mangione's lawsuit "made a grievous error," helium told Fox News Digital.

"They did complaint terrorism, due to the fact that they're really convinced they could beryllium it," helium said. "Terrorism statutes are, and this isn’t an oversimplification, if you perpetrate a homicide successful furtherance of a governmental motive, which helium allegedly did, that satisfies that statute."

"You fundamentally person a confession successful the coercion case, and successful the homicide lawsuit you person it connected video," helium said. "[But] tens of thousands of radical not lone aren’t adjacent upset with him, they're wholly supportive."

LUIGI MANGIONE SAID 'ALL THESE PEOPLE HERE FOR A MASS MURDER, WHY?' AT ARRAIGNMENT: POLICE OFFICER

Turning Point USA laminitis Charlie Kirk speaks during Turning Point Action's The Believers Summit 2024 up of Republican statesmanlike nominee and erstwhile U.S. President Donald Trump’s presentation, successful West Palm Beach, Florida, connected July 26, 2024. A sniper changeable him successful the cervix successful September portion helium was speaking to a assemblage astatine Utah Valley University successful Orem, Utah. (REUTERS/Marco Bello)

He cited the alleged journals Mangione kept, which referenced the crippled and a imaginable motive arsenic a condemnation of the U.S. wellness security manufacture — and besides Mangione's fervent supporters, who person showed up to his tribunal hearings dressed up successful greenish arsenic a notation to the Luigi quality from "Super Mario Bros."

"How did we get to wherever tens of thousands of our citizens deliberation this is great?" helium added.

In Utah, successful bid to question the decease penalty, Utah County Attorney Jeff Gray's bureau charged Robinson with aggravated murder, alleging that helium knowingly created a large hazard of decease to radical successful the assemblage successful summation to Kirk's slaying. That's an aggravating origin nether Utah law.

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Luigi Mangione shouts portion officers restrain him arsenic helium arrives for his extradition proceeding astatine Blair County Courthouse successful Hollidaysburg, Pennsylvania connected Tuesday, Dec. 10, 2024. (David Dee Delgado for Fox News Digital)

But ineligible experts accidental that lone a azygous changeable was fired, which the defence is apt to usage to situation that facet of the case.

"The decease punishment was fundamentally outlawed backmost successful 1972 erstwhile the Supreme Court thought that it was being applied arbitrarily," said Matt Mangino, a erstwhile territory lawyer of Lawrence County successful Pennsylvania who wrote a publication connected superior punishment, "The Executioner's Toll, 2010."

To bash that, helium said, states implemented "bifurcated trials," wherever jurors determine connected beingness oregon decease aft a conviction, and by creating the strategy of aggravating factors.

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Tyler Robinson appears virtually successful Utah tribunal connected Sept. 16, 2025, to look charges successful the assassination of Charlie Kirk. (Handout/Utah 4th District Court)

While the laws alteration betwixt states, aggravators often see targeting constabulary officers, politicians, witnesses oregon young children. In Idaho, the aggravator prosecutors wanted to usage against Bryan Kohberger was that helium killed aggregate radical — but helium pleaded blameworthy to debar the decease penalty.

"It's nary longer conscionable capable to person a planned premeditated execution to beryllium taxable to the decease sentence," Mangino told Fox News Digital. "There has to beryllium thing more."

Business leaders, similar Thompson, oregon governmental figures who aren't bureau holders, similar Kirk, don't conscionable those criteria, adjacent if there's an alleged governmental motive, helium said. And premeditated, cold-blooded murders are not uncommon.

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People tally aft shots were fired during an quality by Charlie Kirk astatine Utah Valley University connected Sept. 10, 2025 successful Orem, Utah. Kirk, laminitis of Turning Point USA, was speaking astatine his "American Comeback Tour" erstwhile helium was changeable successful the cervix and killed.   (Trent Nelson/The Salt Lake Tribune/Getty Images)

"I deliberation what we person to look astatine is, what does assassination mean? Does assassination mean that you've murdered idiosyncratic for immoderate governmental purpose?" helium said. "And that mightiness beryllium hard to truly specify successful a mode that it's fair."

Existing aggravators are casual to define, helium said: a subordinate of Congress, a young child, a witnesser expected to attest successful an upcoming case.

"How bash you specify idiosyncratic who doesn't acceptable into those circumstantial categories that is outspoken astir LGBT issues oregon is outspoken astir immigration, however bash you measure that?" helium said. "I mean however celebrated bash you person to be?"

Kirk was celebrated arsenic a media property and governmental commentator who founded Turning Point USA. Thompson was not a household sanction earlier his murder.

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Without a wide explanation for the transgression of assassination, helium said, prosecutors are near stretching existing laws — and risking reversals.

"I deliberation you besides unfastened the doorway to the defence coming aft you and saying, hold a second, wherefore is my feline getting the decease punishment nether the aggravated circumstances of assassination erstwhile different radical who are killed due to the fact that they're politically motivated aren't getting it?" helium added. "It opens the doorway connected some ends, some to victims' families feeling arsenic though they are not getting justness and defendants feeling arsenic if they are being overcharged."

Mangione could inactive look the imaginable decease punishment if helium is convicted of pending national charges related to Thompson's slaying.