Excerpt from Serious Trouble podcast about how it is that Luigi will face Federal capital charges
Josh Barro (02:00):
And so ordinarily murder is not a federal crime. What would make Brian Thompson's murder a federal crime?
Ken White (02:06):
Well, they have to bootstrap this a little bit, Josh, to get to the death-eligible murder charge. What they do is they charge him with interstate stalking, which is a federal crime, and then they tack onto that use of a firearm in the course of a federal crime, that federal crime being the interstate stalking. And then on top of that, they tack on the use of a firearm in a federal crime resulting in death, which is the one that's death eligible. So it's sort of like a multi-step process to be getting to deploy or he's eligible for the death penalty.
Josh Barro (02:44):
Oh, so that's interesting. So it's not so much about using the gun in the murder as using the gun in the stalking that makes it a federal gun crime that then results in death.
Ken White (02:54):
Right. The statute 9 24 C is a statute that adds on fairly draconian penalties to other crimes if they're federal, if you use a gun during them, and this is one where they stack up. So if you commit five bank robberies, you're looking at a mandatory minimum 85 years or something on top of the bank robbery sentence from using a gun in all those bank robberies. But it's basically a mechanism to get where they're going. And it all hinges on the concept that Mangione stalked Thompson across multiple states.