DOJ says it quickly removed offending social media posts about Luigi Mangione

Last month, a U.S. district court judge agreed with lawyers representing Luigi Mangione, the man charged with killing UnitedHealthcare CEO Brian Thompson, that the Department of Justice (DOJ) violated an order of restraint that forbade the agency from talking about the trial in public forums.

In its response, prosecutors with the agency said the comments that came after the gag order from the court were from individuals unaffiliated with the case who did not have knowledge of the ruling. Further, they rejected that the incidents, which happened on social media and largely center around comments made by President Donald Trump, violate the accused’s right to a fair trial and the presumption of innocence. 

On Sept. 18, during an interview with Fox News, Trump said Mangione “shot someone in the back as clear as you’re looking at me,” going on to say that such actions are a “sickness” that “really has to be studied and investigated.”

The comments were later shared on social media by accounts run by the White House, with Chad Gilmartin, the deputy director of the DOJ’s public affairs office, also resharing them, adding that Trump “is absolutely right.”

While the DOJ has a right to prosecute its case and prove the guilt of someone, the court was concerned statements that affirm the defendant’s guilt and comment on his politics only make it harder to select a jury that can issue a verdict based on the facts. 

But prosecutors in listing the above examples argue that these posts will have a minimal impact. Further, they said the DOJ “promptly” ordered their takedown.

“[The individuals who made these posts] 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,” a letter sent to the judge by prosecutors reads.