Thursday, August 6, 2026

#218 / An Act Of Protest?




Luigi Mangione is scheduled to go to trial in September. Mangione is the person hiding behind the envelope, in the picture above. He is accused of murdering Brian Thompson, the former CEO of UnitedHealthcare, in December, 2024.

In an article that appeared in The New York Times on July 1, 2026, we are told that there has been a "groundswell of support" for Mangione, from those who don't necessarily contend that Mangione didn't kill Thompson, but who are ready to excuse what Mangione did on the grounds that Thompson's killing was "an act of protest." 

I never had much of a practice in criminal law, though I did handle a few criminal cases, back in the very early 1970's. Nonetheless, I do remember enough of my law school training to be able to say, with some authority, that killing someone, as a "protest," is not accepted as a "defense" to a charge of murder. "Jury nullification" is a real thing, of course, and those interested in it might want to consult a 1996 article written by James Duane, "Jury Nullification: The Top Secret Constitutional Right."

I applaud the availability of "jury nullification," and I think that those not familiar with this "Top Secret Constitutional Right" might want to read Duane's article. In the end, though, I think it is very important that we not start acting as though "killing bad people," or "killing people who do bad things," is any justification for murder. 

"Protest" is great! Both my wife and I have spend time in jail (on different occasions) because we "protested," and I do think it's important actively to preserve - and to utilize - the tradition of protest in our democratic society. But the kind of "civil disobedience" I endorse does not include my endorsement of the idea that it's ok to kill people who are doing things that you think are wrong - and that, many times, really are wrong. 

Non-violent, civil disobedience is the kind of protest I endorse. In fact, I'd like to see a lot more of that. Killing people? No! Just don't do it (even if you think "jury nullification" might end up helping you out, if you end up being charged with murder).

https://www.nytimes.com/2026/06/30/nyregion/luigi-mangione-trial-secrecy.html

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