Luigi Mangione case: If stalking and assault aren't 'crimes of violence,' death penalty vanishes

Luigi Mangione's fate could hinge on a legal technicality as his defense team argues that a recent federal court decision could potentially pull the rug out from under the Justice Department's murder charge.

In Mangione's case, the underlying alleged "crime of violence" is stalking.

"It's like a series of dominoes - the only way that the federal government can get to a death penalty charge in their case is if the murder was committed during the course of a violent felony," said Joshua Ritter, a Los Angeles criminal defense attorney and Fox News contributor. "And the reason that they need that is because they need what's called a federal hook to get them federal jurisdiction. So the way that they get that hook is through the stalking."

While in this case the alleged stalking did lead to violence, Ritter said that the defense only needs to convince that court that the crime of stalking as a whole can sometimes be committed without violence in order for the legal argument to work.

"He's got a hell of a defense team, and they're making some very interesting arguments," he told Fox News Digital.

The Ninth Circuit's en banc decision isn't binding in the Southern District of New York, where Mangione faces federal charges, said Donna Rotunno, a Chicago-based criminal defense attorney and Fox News contributor.

"[The defense] will argue that it doesn't matter, that stalking doesn't necessarily mean it will lead to murder, therefore it should not be used to enhance the murder charge for purposes of federal court and the death penalty," Rotunno said.

Thompson, a 50-year-old father of two, lived in Minnesota. Video shows a gunman approach him from behind and open fire before fleeing the scene.

According to the prosecution, the reason for the stalking was to allegedly carry out a politically motivated assassination.

"No other purpose," Rotunno said.

It's unclear how the judge will rule, but other legal experts are skeptical.

"They are the most liberal circuit court in the land," said David Gelman, a Philadelphia-area defense attorney. "They also have the highest overturn rate out of all the circuits."

The filing may be a stretch, he said.

"The argument literally is backwards," he told Fox News Digital. "You don't stalk someone and say, 'Oh, hey, I'm just having fun.' You stalk someone with the intent to harm."