If/when the feds indict Luigi will they also announce whether or not they’re seeking the death penalty?

Karen said they have not challenged the feds pushing back Luigi’s federal indictment because the feds have the death penalty as a threat. She also said they’re providing the feds with mitigation so the feds don’t seek the death penalty. So does anyone know if we will find out at the same time the indictment comes out if Luigi will potentially face the DP too?