Why Luigi Mangione's Lawyers Withdrew Extreme Emotional Disturbance Defense

Luigi Mangione Why He Withdrew Emotional Disturbance Defense ... And Why He Wants State Trial Streamed Live Published August 11, 2026 12:12 PM PDT | Updated August 11, 2026 12:53 PM PDT Luigi Mangione's lawyers withdrew his extreme emotional disturbance defense because of the timing of his federal trial ... but they may be able to make the case indirectly, we've learned. TMZ's own Harvey Levin has spoken with sources in the know and -- as he explains in this YouTube video published Tuesday -- he's told Mangione's team had to withdraw his extreme emotional disturbance defense earlier this summer because his state trial is going to take place before the federal trial. Basically, Mangione can't use the defense at the federal level ... and, by using it at the state trial, he'd essentially have to admit to the slaying before appearing in federal court. This would totally screw Luigi over ... so now his defense team is going in a different direction -- banking on younger jurors who are Luigi fans to ignore the law and vote "not guilty" no matter what. In fact, it seems Luigi's team is hoping prosecutors admit the diary they seized from him during his 2024 arrest back into evidence. On one hand, the diary allegedly shows his step-by-step planning of the Brian Thompson killing ... but it also shows Luigi's frustration with the healthcare industry -- which could speak to his emotionally disturbed state. And, to help further stoke positive public perception of Luigi, Harvey says the defense wants the trial available to everyone via live stream ... with hope that the jury -- which likely won't be sequestered -- will feel more comfortable acquitting Luigi if they hear people rooting for him. For more of Harvey's updates on this trial -- and other legal matters we're following -- head on over to TMZ's YouTube page. Related articles Luigi Mangione Brian Thompson Harvey Levin luigi-mangione-promo Exclusive Legal Shootings News