this post was submitted on 16 Sep 2025
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Does that mean the death penalty is off the table? If so, let's freaking go!!
No. Luigi is facing the death penalty from the federal case which he currently has to defend against simultaneously, though his lawyers are continuing to push for one of the cases to be dismissed under double jeopardy laws.
The dismissal of the terrorism charges was for the case trial in the New York state courts. While New York has not had a death penalty since 2004, the dismissal of the terrorism charges means that life without parole is off the table.
Double jeopardy argument is DOA. I don't like it, but long standing Supreme Court precedent says you can face both state and federal charges for the same crime. Unless they have some weird trick, that argument is just an attempt that's barely worth trying.
I think it's only the state charges. Feds are yet to have their turn.