A judge has barred federal prosecutors from seeking the death penalty against Luigi Mangione in the murder of CEO Brian Thompson.

U.S. District Judge Margaret Garnett dismissed a federal murder charge against Mangione, finding that it was technically flawed. Garnett left in place stalking charges that carry a maximum punishment of life in prison.

The judge’s ruling foils the Trump administration’s bid to see him executed for what it called a “premeditated, cold-blooded assassination that shocked America.”

Mangione, 27, pleaded not guilty to federal and state murder charges. The state charges also carry the possibility of life in prison.

Jury selection in the federal case is scheduled to begin Sept. 8. The state trial hasn’t been scheduled yet. On Wednesday, the Manhattan district attorney’s office sent a letter urging the judge in that case to set a July 1 trial date.

Thompson, 50, was killed on Dec. 4, 2024, as he walked to a midtown Manhattan hotel for UnitedHealth Group’s annual investor conference. Surveillance video showed a masked gunman shooting him from behind. Police say “delay,” “deny” and “depose” were written on the ammunition, mimicking a phrase used to describe how insurers avoid paying claims.

Mangione, an Ivy League graduate from a wealthy Maryland family, was arrested five days later at a McDonald’s in Altoona, Pennsylvania, about 230 miles (about 370 kilometers) west of Manhattan.

Following through on Trump’s campaign promise to vigorously pursue capital punishment, Attorney General Pam Bondi ordered Manhattan federal prosecutors last April to seek the death penalty against Mangione.

It was the first time the Justice Department was seeking to bring the death penalty in President Donald Trump’s second term. He returned to office a year ago with a vow to resume federal executions after they were halted under his predecessor, President Joe Biden.

Garnett, a Biden appointee, ruled after a flurry of court filings in the prosecution and defense in recent months. She held oral arguments on the matter earlier this month.

More to follow…