A photo of Jared Loughner was publicly released by the Pima County Sheriff's Office two days after his arrest.
Thursday's request by Loughner's attorneys didn't specify whether the mug shot they are trying to keep from being released is a different image. However, U.S. Marshals Service spokesman Matt Hershey said Thursday that the service has a different photo.
In any case, Loughner's lawyers say the Marshals Service intends on releasing a mug shot to an unspecified party in response to a public records request.
Defense lawyers say releasing a mug shot would invade Loughner's privacy rights while not serving any legitimate public interests.
Robbie Sherwood, a spokesman for the U.S. Attorney's Office, declined to comment on the request, but says the Justice Department generally has policies that prohibit the release of mug shots.
Loughner pleaded not guilty to federal charges of trying to assassinate Giffords and kill two of her aides on Jan. 8.
The indictment specifying those charges superseded an earlier federal complaint that also charged him with murder for the deaths of U.S. District Judge John Roll and Giffords aide Gabe Zimmerman.
Another indictment is expected to restore those murder charges.
Loughner also will likely face state charges in the attack.