ABC is greatly, greatly softening the severity of what the Prosecution is alleged to have done.
It is much, much worse than just ‘Prosecution accidentally violated his HIPAA rights’.
“The district attorney falsely made up a court date — May 23, 2025 — and drafted a fraudulent subpoena that if Aetna did not provide documents on that date, it would be in contempt of court,” Mangione claims in a New York Supreme document, filed Thursday.
(In legalese, ‘Mangione claims’ means that his lawyers claim this in an exhaustive report/complaint to the judge of this case.)
The Prosecution appears to have served Aetna with a literally fake, fradulent subpoena.
That subpoena included a court date which was never actually scheduled in the court system.
…
You cannot do this.
Any request for a subpoena like this has to go through and be approved by the judge.
Circumventing the judge and essentially falsely acting on a fraudulent representation of their authority is actually potentially a crime, bare minimum, something a lawyer can be disbarred for.
And this is the District Attorney of New York leading the legal team against Mangione, whom Mangione’s Defense Counsel has now formally accused of doing this.
Mangione’s counsel has requested to the Judge that, bare minimum, whoever on the Prosecution team is actually responsible for this be removed from the rest of the proceedings, ideally, have the entire trial be dismissed as a mistrial.
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Here is the entire complaint to the Judge from Mangione’s Defense Counsel:
https://www.courthousenews.com/wp-content/uploads/2025/07/mangione-hippa-defense-filing.pdf
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This could actually blow up at least this New York State level case against Mangione.
…
There are currently two simultaneous cases going on, one at the New York State level, one at the Federal level, all of this is irt the NY case.
Place your bets about how AI was involved now!
Holy shit, this should be huge news being seen everywhere! Instead, the bought media will distract us with more circus sideshows.
The news will literally never talk about any of this. We don’t have freedom of the press in glorious republik of amerika
I was first alerted to it by Status Coup news on youtube… but uh, most lemmy news comms only allow, you know, written articles.
Hey maybe courthousenews counts as a legit, written source?
Post it everywhere if you want to, not like I own the idea of linking to them, rofl!
Meh, I saw this on groundnews yesterday. Plenty of sources.
Holy fuck. That’s insane if true.
I don’t work as an attorney or anything, but I have some exposure to the inner workings at times. Screw ups are absurdly common. In this case, after the prosecution deleted the documents, the defense sent them a copy from thier side. Just absurd levels of incompetence all the time. So don’t rule that out.
Next… in general, for some absolutely absurd reason, it usually isn’t illegal for the government to lie. Like on the subpoena. The police are allowed to lie to you during interrogation. ICE has routinely (and not just recently) signed thier own subpoenas and presented them as legal, even though without a judge’s signature they aren’t legally binding. Odds are that what they did is standard practice, no matter how vile it is. And the signer probably wasn’t even a lawyer, just some legal aid.
What’s different in this case, is they have a witness saying the prosecution verbally said that what they were doing was wrong, and did it anyway. Not sure if that will matter if it turns out to be standard practice.
In short, the legal system is a farce. TV would have you believe technicalities matter. But they only matter if they support what the judge wants to do anyway.
for some absolutely absurd reason, it usually isn’t illegal for the government to lie. Like on the subpoena.
Wait, seriously? They can outright lie, not like “our investigation leads us to believe that you X and are charged with Y” like an arraignment?
No they can’t file a fraudulent paperwork with third parties demanding info they have no right to, they can’t pretend to charge you with fake charges, they can’t file fraudulent paperwork of any sort. They can verbally lie to you when they are interrogating you in hopes of getting you to confess.
I mean… these examples I’m seeing are … while real, and extremely troubling…
These are all relating to cops.
Lawyers are not cops.
They do not play by the same legal rules, so to speak, and uh… this isn’t a case where the complainant or defendant… is a cop.
So … I mean, I am not a lawyer, but I don’t think this … works in the way you seem to think it does?
Like uh, police can do a bunch of shady shit, they can lie to you, they can bullshit their way into searching you or deciding some extreme circumstance allows them to do some bullshit…
But a subpoena is a not a thing cops do. They do not issue or execute subpoenas.
They execute warrants.
Warrants are not subpoenas.
Well, I envy your hopefulness.
https://www.boston.com/news/national-news/2025/07/15/immigration-agents-demand-tenant-information-from-landlords-stirring-questions-and-confusion/ ICE officers (cops essentially) signed the subpoenas. It’s not technically a lie. I can write and sign something I call a subpoena too. So all the prosecution had to do was have someone other than the lawyers sign it, just to help ensure they can’t be disbarred for it. While not a lie, I would call it an abuse of power and position for sure. So no, the “fake” subpoena just isn’t the smoking gun you think it is. The only real question is what did they say that the witness heard. None of the news stories I read were very specific about that. And I think the witness worked for the insurance company, which is getting sued for handing over the information. So the witness likely will be pressured not to talk as it could incriminate them and thier employer. And I bet they will be represented by lawyers from the company, as they likely couldn’t afford as good of a legal team.I mean, yes, I agree with you that the entire state of essentially the entire legal system is up in the air, dubious at this point given recent Supreme Court rulings and Executive Orders…
But if we are to pretend/assume that… the law actually exists as is written, that precedent and the way that proceedings generally play out over the history of US law is not all now completely arbitrary…
Then the Prosecution has to actually file their subpoena to, in this case, Aetna, with the actual Judge/Clerk in the case, so that the Judge, the Court, and the Defense Counsel actually know what is going on with the case.
To subvert this process is to subvert the right of a defendant to a fair trial.
Your example regarding ICE essentially self-authorizing themself is widely, widely derided by all manner of lawyers and legal figures across the country as being a dubious violation of this kind, which functionally means they are violating the law every single time they do that.
Yes, I get that the on the ground reality and the legal framework are not at all the same thing in this era of modern facism, but that is because the facists just brazenly and repeatedly violate the law in their own supposed execution of the law.
If you can find me an example of a prosecuting counsel flagrantly fabricating the notion that they have filed a subpoena with the judge/clerk of the court, and this being allowed and the case proceeding without consequence for this behavior, I will be more inclined to believe that this will also be allowed in this Luigi case, but I will remain convinced that such would still represent an egregious miscarriage of justice in the sense of destroying the defendant’s right to a fair trial.
Oh man did I go down a rabbit hole. Apparently most subpoenas for information are in fact signed by the attorneys. Only if the opposing side or the reciever wish to challenge it does the judge get involved. This is where the court date comes in. It is supposed to be on the subpoena to show there is a real case or something. I assume because a third party could verify the signer is part of that case.
I don’t have a great source for this because I mostly found it as an aswer to a question on legal forumns. Short of some very dense legal procedure docs I doubt there would be a better source.
So it doesn’t seem like him signing it is abnormal. News stories do mention that the court date didn’t exist. I imagine that is probably common as well if the date hasn’t been set. But maybe not.
It seems the biggest procedural issue was that the documents were supposed to be requested to go to the court first, but they requested them to be sent to the prosecution, then forwarded them to the court. I can’t see the case being tossed for that.
The defense is complaining that the prosecution should have realized the mistake by the size of documentation they received. I mean maybe, but again, that doesn’t seem like grounds for disarmament or dismissal. And they did report the mistake to the court and the defense. It took 12 days, but they claim that is when they realized it. And it would be hard to prove otherwise I think.
I can’t find any more reference to a witness to anything, so maybe that wasn’t accurate.
And to what end? What does his health insurance have that is evidence of the murder? Did he make a stop at the hospital right after or something, and make a claim to Aetna?
Exactly.
In the letter, Luigi’s defense also notes that fucking none of that would be relevant to the case anyway.
How is this not an instant mistrial?
Because they’ve never even tried to bother to pretend this is going to be a fair trial.
Mangione’s lawyers are going to grind the DA office into burger at trial. Fucking morons.
In that case all we have to hope for is a fair trial.
And that the judge isn’t compromised at some point, either by ideology, financial obligation or fear.
Let’s not forget that Mangione looks nothing like the guy in the original mugshot.
Why would Ben Shapiro do this?
However, prosecutors said they requested limited information from Aetna and Aetna sent them additional materials in error. Prosecutors said they deleted the materials as soon as they became aware of them and brought it to the attention of both the defense and the court.
The error was compounded by defense counsel resending to prosecutors the very same items prosecutors had already deleted, a source familiar with the subpoena said.
When prosecutors can’t take any responsibility for their own stupidity, implicating others is always their go-to.
This is where i see additional problems. Govt or no, Aetna should have been way more diligent in addressing any requests for info, and in providing more than what was explicitly requested they are also committing a HIPAA violation. Any counsel for Aetna should have been well aware of the risk of sending health records out and been very, very specific on what was to be sent and not to avoid a compliance issue.
If i was on Mangione’s legal team I’d be preparing a civil case and HIPAA violation claim against Aetna in addition to seeking removal of the prosecutors involved. (I’m not a lawyer but worked in health insurance for several years managing patient data.)
Hey. With this level of incompetence he could walk free.
Please god
…34 count felon awaiting sentencing is president, alleged shooter in jail…justice?..
There’s many parts of the dictionary that could be replaced with a pic of him. But I think the US justice system is ironically solidfying “martyr” as the top pick.
At this rate, they’re striving for Joan of Arc levels of history.
I hope he knows everyone is truly grateful of the impact he has made and is continuing to make.
