Joy Behar said Wednesday on "The View" that the Trump DOJ seeking the death penalty against Luigi Mangione could spark "backlash" against Republicans because he's a "popular guy."

The death penalty is also banned in the District of Columbia and in 22 other states, aside from New Jersey. In New York, the death penalty was outlawed in 2004 by a state court ruling. This means that New York prosecutors cannot pursue the death penalty in the case of Luigi Mangione.

The federal charges against Mangione include a charge of murder through use of a firearm, which carries the possibility of the death penalty.