will be up to the u.s. attorney general eric holder to decide on whether the death penalty will be sought here. plus, even more charges are coming, on both the federal and the state level and obviously it takes quite a bit of time to build a case. incidentally, loughner is going to be represented by judy clarke, a well-known attorney from california. she has represented high profile clients like ted kaczynski, the unabomber and susan smith, the woman convicted of drowning her own children. >> gregg: how is the congresswoman doing today? >> reporter: well, doctors at that rehab facility in houston, texas are still characterizing her progress as dramatic and surprising. they say that she is responding well to that aggressive physical therapy they are putting her through. and she is still in what is being called the discovery phase, which means they are trying to assess exactly where she is in terms of her injuries and in terms of her limitations, and not only are they running