Under Federal law, he cannot receive the FEDERAL death penalty, 18 U.S.C. 351 would not apply.
However, he still can be charged under capital murder in Arizona.
“Under Federal law, he cannot receive the FEDERAL death penalty, 18 U.S.C. 351 would not apply.”
One wonders, then, what sort of deal has been worked out for Mr. Loughner. Perhaps it's been coordinated with state prosecutors to avoid a capital charge from the state of Arizona.
Why isn’t he eligible for the federal death penalty? He killed one federal official and attempted to kill another. Is it because the one that was killed was not acting in an official capacity and that Giffords who was in an official capacity (having a “congress on the corner” meeting) wasn’t killed?