I am sure they only say it to ensure that Jared, even though blatantly guilty, is given full due process. They say ‘if,’ I am sure, to maintain the proper procedure for the trial. They could say, ‘will,’ but that would presume he is guilty until proven innocent, which would be a violation of his constitutional rights.
It shouldn’t even be a question for the prosecutor as to whether he will seek the death penalty or not. I understand the need to maintain the presumption of innocence, but that doesn’t stop the state or the Feds from charging him with multiple capital offenses. There is no doubt that he deserves it.