Prosecutors Should Be Wary About Expanding “Terrorism” to Ordinary Crimes Despite Health Insurance Company Scare 

Luigi Mangione’s arrest has captivated the world as media provide round the clock coverage of the defendant accused of killing Brian Thompson. Mangione is quickly becoming a household name and railing cry for those disenfranchised by the health insurance industry. However, the legal system is learning all the wrong lessons and may inevitably create more defendants like Mangione if the legal system does not exercise greater restraint.  

Briana Boston was arrested and charged with one count of making threats to conduct a mass shooting. The charge was based on a single phone call she made to a Blue Cross Blue Shield insurance representative. Police in Lakeland, Florida said they were contacted by the FBI in response to an alleged threat that Boston made. Boston told an insurance representative over the phone that “Delay, deny, depose. You people are next,” near the end of her call with the insurer, which had recently denied her claims. 

The phrase “delay, deny, depose” has gained recent notoriety when the words were found on bullets near where Brian Thompson, a healthcare insurance CEO, had been killed. The three “Ds” are a reference to the tactics insurers use to avoid paying out insurance claims.  

Local police contacted Boston at her home. She allegedly acknowledged making the “delay, deny, depose” comment and apologized, and stated to the officer that she learned the phrase after Thompson was killed. Boston stated she was not a danger to anyone and did not own a firearm. She went on to criticize health care companies, calling them evil and saying they deserve bad karma. 

Police said there was sufficient probable cause to arrest Boston on suspicion of making a threat to conduct a mass shooting or an act of terrorism, based on her statements. If convicted, she faces a maximum sentence of 15 years in prison and a fine of up to $10,000.  

At arraignment, Judge Catherine Combee set Boston’s bond at $100,000. Judge Combee stated: “I do find that the bond of $100,000 is appropriate considering the status of our country at this point.” 

Terrorism Charges Infringe on the First Amendment

Boston was presumably charged under Florida Statute Section 836.10, which states:  

Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism; punishment; exemption from liability.— 

 (1) As used in this section, the term “electronic record” means any record created, modified, archived, received, or distributed electronically which contains any combination of text, graphics, video, audio, or pictorial represented in digital form, but does not include a telephone call. 

 (2) It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, a writing or other record, including an electronic record, in any manner in which it may be viewed by another person, when in such writing or record the person makes a threat to: 

 (a) Kill or to do bodily harm to another person; or 

 (b) Conduct a mass shooting or an act of terrorism. 

Notably, this law specifically exempts telephone calls. A threat made over the telephone would not be considered a crime under Section 836.10.  

To be sure, neither Briana Boston or Luigi Mangione are charged with committing terrorism directly. Terrorism in connection with Florida Statute Section 836.10 or the New York murder charge are only elements of larger charges. However, the expansion of “terrorism” into otherwise garden-variety crimes will have perverse effects for all Americans, not just criminal defendants.  

Terrorism, whether as a separate criminal charge or as an element of a crime, are provocative but arbitrary. Everyone has a general concept of what terrorism could be, but differ significantly on the details, leading to selective enforcement based on political viewpoint. Terrorism charges are being applied to defendants who are angry about healthcare. In contrast, defendants who angry about the results of an election, climate change, abortion, or second amendment rights may not be charged. However, whether a terrorist charge is added may differ greatly from prosecutor to prosecutor, with little objective criteria other than whether the defendant’s views match those of the prosecution or the jurors. 

The arbitrary nature of terrorism charges can be seen by Judge Combee’s statements during the arraignment. Boston is not responsible for the “status of the country”, but she is being held as though the state of healthcare and angry regarding insurance companies will somehow make her more dangerous or a greater flight risk.    

Additionally, most insurance companies will not cover acts of terrorism. If a criminal defendant is linked with “terrorism,” that may provide an insurance company with grounds to deny coverage for auto collisions, theft, property damage, life insurance, and other damages. However, the denial of insurance claims is why Mangione and, to a lesser extent Boston, were charged with crimes involving terrorism. 

Ironically, the legal system’s expansion of terrorism may inevitably lead to more cases like Mangione. If the legal system’s intent is to prevent more murders like Brian Thompson, it is doing the exact opposite. The government must actually redress people’s grievances rather than penalize the angry. Otherwise, the copycats will continue no matter how tough the charges and penalties are.     

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