Alton Nolen faces first-degree murder charges and possibly the death penalty for allegedly beheading one former co-worker and attacking another at a food processing plant in Moore, Okla.

The state is not pursuing a terrorism charge against Nolen and will leave that up to the feds.

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Fox News senior judicial analyst Judge Andrew Napolitano appeared on The Real Story today and explained that although Oklahoma does have an anti-terrorism statute which they could use to prosecute Nolen, the first-degree murder charge will be much easier for state prosecutors to prove.

“The feds are generally more thorough than any state," Judge Nap explained. "They amass more resources, and they take a little bit longer. Sometimes, they take the case away from the state.”

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Judge Nap noted that the statute of limitations on terror is 20 years, so the feds have plenty of time to see the outcome of the state case before they decide if they will pursue further charges against Nolen.

The questions the feds might ask when deciding whether or not to pursue terrorism charge are: is this a serious effort to intimidate the public or change government policy? Is this a lone wolf or someone directed by a foreign entity?

“My own advice would be: take the most direct route to conviction and to the certainty of punishment," Judge Nap concluded. "And that is, probably, in Oklahoma, first-degree murder with the likelihood of the death penalty."

Watch the clip from The Real Story above.

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