Mohammad and Malvo have explicitly been charged under Virginia terrorism statutes, which carry the death panalty.
Do Marylan, Alabama, Georgia, or Arizona have a similar statute?
We don't yet know what they wrote about their affiliations or beliefs on the laptop, in notebooks, or in their letters to the police. We also don't yet know what Malvo has spilled to the Feds or to local prosecutors.
For all we know they're admitted to belonging to al Fuqra and/or NoI.
M&M are not charged under any terrorism statues per the prosecutors. This is because the terrorism statues have not been used yet and LE does not know what the outcome would be, so in order to an expedient process (per J. Ashcroft), they will be tried as usual with the prosecutors asking for the death penalty.
My take on the different press conferences by John Ashcroft, and the 2 different prosecutors, it sounds as if they know these 2 are members of one terrorist group or the other, but LE wants to go about this in the tried and proven way at this time.
Don't forget when Chief Moose in one of his latter press conference keep referring to the nation. Remember after M&M was captured and Moose gave a press conference and informed us that this was not the end.
Also I don't know if it is the license plate that you are referring to in a earlier post, but it has been reported some of these people went into the police departments and informed the LE that they were in the area of the crimes, their reason for being there, and decided to move quickly because they were aware of the sniper situation.