The Commentary Magazine Podcast

The Assassins and Their Cases

13 snips
Sep 17, 2025
Andrew C. McCarthy, a former federal prosecutor and legal analyst, dives into the chilling developments of the Charlie Kirk assassination case and the murder of health-care executive Brian Thompson. He sheds light on the intricacies of the terrorism charge and discusses New York's unique murder statutes. The conversation highlights disturbing parallels in online radicalization and ponders effective responses to campus extremism, advocating for exposing extremist networks while respecting constitutional limits. It's a gripping insight into a timely legal landscape.
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INSIGHT

Terrorism Charges Require Specific Intent

  • Prosecutors often overreach by charging terrorism when motive to target government or public intimidation is weak.
  • Andy McCarthy argues Bragg’s terrorism theory lacked the required intent element and was likely the wrong charge.
INSIGHT

New York’s Double Jeopardy Is An Outlier

  • New York’s equitable double jeopardy can block state prosecutions if federal prosecutors act first.
  • McCarthy warns federal action could preclude Bragg’s office from bringing the state case at all.
ANECDOTE

Diary As Central Evidence

  • John Podhoretz described the defense’s push to exclude Mangione’s diary as an attempt to prevent prejudice in the federal case.
  • He noted the diary was the strongest non-video evidence of planning and intent.
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