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[–]YoMamma 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (3 children)

More clown show politics from incompetent assholes at the Executive Branch.

Capital punishment was de facto abolished in the State of New York in 2004 after the New York Court of Appeals (the highest court in the state) declared that the statute as written was not valid under the state's constitution.

The U.S. Attorney General, as the head of the Department of Justice, has legal authority over the states in matters of federal law enforcement and legal representation, but this authority is limited to federal matters and does not supersede state laws or the authority of state attorneys general in their respective jurisdictions.

Luigi's case is not a federal matter.

[–]farmer 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (2 children)

He crossed state lines so it is federal.

[–]YoMamma 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

He can be charged for a federal offence, but he did not commit a crime while crossing a state border (unless he can get an unregistered weapon charge). Federal crimes across state borders typically include drug trafficking, wire fraud, mail fraud, kidnapping, and weapons crimes. Only the latter crime might apply to Luigi, BUT it would not warrant the death penalty.