Via TPM, Jared Lee Loughner has been indicted on five federal counts in the U.S. District Court for Arizona.
The indictment is six pages long, and refers to the attempted killing of Rep. Giffords, and the murders of Gabriel Zimmerman (Giffords' staffer), Judge Roll, and the attempted killings of Pamela Simon and Ron Barber. Both Ms. Simon and Mr. Barber are identified as federal employees.
The most interesting and explosive allegation is that a search executed on Mr. Loughner's home found a handwritten envelope in which phrases such as "I planned ahead," "My Assassination," and "Giffords" appear, over his signature. (Par. 5.)
The charges are under the following statutes. 18 U.S.C. 351(c) prohibits the attempted killing of any member of Congress. 18 U.S.C. 1111 is the general federal murder statute, which "is the unlawful killing of a human being with malice aforethought," for first degree murder. 18 U.S.C. 1113 defines attempted murder. 18 U.S.C. 1114 imposes specific penalties against "Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government[.]"
The charge for the attempted assassination of Rep. Giffords, alone, can carry with it a life sentence. The charges for murder, if proven in the first degree (meaning with proof of "malice aforethought"), could make Mr. Loughner death-eligible. (The indictment uses the language "with intent to kill," implying but not stating first degree murder charges.)
This does not exclude the possibility of future conspiracy or weapons charges. I am not a criminal lawyer, but I imagine that the charges were not filed relating to the other killings, including of 9-year old Christina Taylor-Green, because of jurisdictional concerns. The federal murder statute uses the phrase "special maritime and territorial jurisdiction of the United States," which would likely not cover the Tuscon shopping center in which the shootings took place. As such, Mr. Loughner could be eligible for additional state charges without raising double jeopardy concerns.
I do not want to speculate on the merits of the case or on the merits of any defenses Mr. Loughner may have, such as insanity or diminished capacity, though they seem at least within the realm of contemplation. I do wonder, however, how the District of Arizona will manage to hear the case given that one of the deceased was the Chief Judge of the District, John M. Roll. In his spirit, and in opposition to the violence that was so horrible yesterday, I hope that the criminal process can run its course swiftly and fairly.