Loughner was charged with Judge Roll's murder upon being taken into federal custody, but they dropped that charge from the indictment. I have no problem with that - if Congresswoman Giffords had been shot while pushing a shopping cart inside that Safeway (instead of at an organized event), it'd be difficult to say she was injured during the course and scope of her duties.
I don't think this is about Democrats vs. Republicans; it's about the U.S. Attorney not looking incompetent when the defense gets charges dismissed. Let the State of Arizona run a concurrent prosecution - it's the way the system is supposed to work.
My only point is that when You accept the Mantel of a Major Federal Official, You are at work or On Call 24/7! Even if Congressman Giffords was pushing a shopping cart, this flamin madman didn’t care,he only went there because it was known she would be there! If he wanted to kill her in her “Official Capacity!” Why did he murder the innocent 9 year old, or the Judge, or slaughter all the rest there that day?