Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense

Questions Presented for Review 1. The Circuits are divided over whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense. Does a defective indictment omitting the mens rea element that separates innocent conduct from criminal conduct fail to charge a criminal offense and deprive the federal court of jurisdiction? 2. The Circuits need clarification on the proper scope of review for determining whether an indictment omitting an essential mens rea element violates a defendant’s Fifth and Sixth Amendment grand jury rights. To determine whether an indictment omitting the essential mens rea element of an offense violates a defendant’s grand jury rights, can a reviewing court hold the error harmless based solely on trial evidence presented to the petit jury? ii