The decision whether to seek a death sentence against Vance Boelter will ultimately lie in the hands of the Trump administration’s attorney general, a vocal supporter of capital punishment. Federal charges filed against Boelter carry the possibility of the death penalty.

Vance Boelter is facing federal murder charges, which carry a possible sentence of life in prison or the death penalty. Former U.S. District Attorney for Minnesota, Andrew Luger, explains the process of how it’s determined whether the death penalty is an option in a case.

MINNEAPOLIS (AP) — The man charged with killing a prominent Minnesota lawmaker and wounding another could face something that is a rarity for Minnesota but could become more common under the Trump administration: the death penalty.