Attorney General Pam Bondi tells Axios her office is not prosecuting or investigating anyone for alleged hate speech, only for speech that she says unlawfully incites violence.
That's what they've already supposed to have been doing. Speech that unlwafully incites violence is already illegal.
Mangione’s lawyers argued that the New York case and a parallel federal death penalty prosecution amounted to double jeopardy. But Carro rejected that argument, saying it would be premature to make such a determination.
Bragg’s office contended that there are no double jeopardy issues because neither of Mangione’s cases has gone to trial and because the state and federal prosecutions involve different legal theories.
Mangione’s lawyers said the dueling cases have created a “legal quagmire” that makes it “legally and logistically impossible to defend against them simultaneously.”
If they were arguing against federal jurisdiction, they would be arguing against federal jurisdiction, not saying that it "amounted to" double jeopardy. The judge has still left the double jeopardy argument open, though.
The only thing I can think of that they might have to hook federal charges on is if they're saying he crossed state lines as part of a plan to commit a crime, where that plan was executed (pun intended).
They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.
Unfortunately, they don't. You can be charged in State, Federal, and Military jurisdictions for the same offense - provided that the charge is applicable in each jurisdiction.
My own opinion is that the federal charges are super weak here. They only exist because Luigi is accused of "crossing state lines." So far as I'm aware, interstate travel isn't illegal. The fact that interstate travel occurred before and/or after a crime was committed shouldn't make that a federal crime. Otherwise, everything is a federal crime.
TIL I am a New York City rat