Luigi Mangione's defense files motion to preclude death penalty in his federal case

Mangione's lawyers argued that the federal case, which was filed after New York prosecutors leveled their own murder and terrorism charges against him, is "arbitrary and capricious" and that the directive for U.S. attorneys to seek capital punishment is politically motivated. 

"After careful consideration, I have directed federal prosecutors to seek the death penalty in this case as we carry out President Trump's agenda to stop violent crime and Make America Safe Again," Attorney General Pam Bondi announced on April 1.

"Very clearly, this is a case that will be tried both inside the courtroom, and outside it," said Paul Mauro, a retired NYPD inspector who has been closely following the investigation.

That poses challenges to lawyers on both sides, for the judge, and for the end result to be "fully founded in justice."

"Mangione is not even federally indicted yet, and the gamesmanship has begun," he added.

Thompson, 50, was a father of two visiting New York City for a publicly announced shareholder conference. 

Surveillance video from outside the hotel where the conference was to be held shows a gunman approach him from behind and open fire, then walk away as a female witness runs in the opposite direction.

"Counsel is aware of no provision in the death penalty statute or in the Department of Justice's death penalty protocol that allows for consideration of the social, economic or professional status of an alleged homicide victim in determining whether to seek the death penalty," they wrote. 

Mangione is accused of plotting the assassination in order to sow terror in the health insurance industry, which he allegedly railed against in a journal police seized during his arrest in Pennsylvania days after the shooting.

Nicholas Biase, the chief of public affairs for the U.S. Attorney's Office for the Southern District of New York, declined to comment on the new defense filing.