This article originally appeared on the Daily Caller News Foundation and was republished with permission.
Guest post by Hudson Crozier
The Department of Justice (DOJ) has yet to prosecute Tyler Robinson for the killing of conservative activist Charlie Kirk more than a month after his arrest as attorneys sift through evidence in Robinson’s Utah case.
Robinson’s legal team is reviewing what Utah County Attorney Jeffrey Gray’s office described as “voluminous” evidence in the state’s capital murder case against him, delaying some court proceedings, according to multiple reports.
The Trump administration must grapple with a vast amount of case material and determine its legal authority to prosecute, if it wishes to tighten the screws on Robinson, though Deputy Attorney General Todd Blanche said in September that the DOJ has been considering the idea.
Murder is not a federal crime in itself, but certain types of killings are, according to the FBI. A delay in charging does not necessarily mean Robinson will avoid DOJ retribution over Kirk’s Sept. 10 assassination, Heritage Foundation senior legal fellow Zack Smith, a former assistant U.S. attorney, told the Daily Caller News Foundation.
“I think we need to know more factual information, but there is probably a federal hook for the Justice Department to … take jurisdiction,” Smith said. DOJ murder charges can center around terrorism, hate crimes, firearms or other issues of federal interest.
The DOJ declined to comment to the DCNF, and the law firm leading Robinson’s defense did not respond to the DCNF’s request for comment.
Robinson turned himself in to authorities in Utah on the evening of Sept. 11, one day after Kirk’s shooting death during a Turning Point USA speaking event at Utah Valley University (UVU) in Orem. Utah County Attorney Jeffrey Gray’s office charged him with aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and committing a violent offense in the presence of a child.
The 22-year-old suspect allegedly texted his transgender lover that he shot Kirk because “some hate can’t be negotiated out.” Robinson left cartridges from the murder weapon in a wooded area engraved with phrases such as “hey fascist! CATCH!” authorities said.
Utah is seeking the death penalty for Robinson, Gray said in September.
Blanche, a President Donald Trump appointee, floated the possibility of federal stalking or deprivation of rights charges in a September Fox News interview.
“But that goes after going through all the evidence and trying to understand what this man’s motivation was in doing what he did,” Blanche said. “And if there’s a federal charge, we will bring it — no doubt about it.”
When someone already faces state prosecution, it is common for the DOJ to take its time forming charges since it is not under the same pressures as the state, according to Smith. The Trump administration is likelier to intervene if there is concern that a left-leaning state may not pursue a harsh punishment, Smith noted. In New York, for example, the DOJ is pursuing capital punishment for Luigi Mangione in the December 2024 murder of UnitedHealthcare CEO Brian Thompson.
“You’re seeing a concerted effort by the federal government there to step in very quickly and very aggressively bring federal charges in that case,” Smith told the DCNF. A grand jury charged Mangione in April with stalking, murder through use of a firearm and discharging a firearm with a silencer in furtherance of a crime of violence, adding to his state-level charges in New York and Pennsylvania related to Thompson’s murder.
The DOJ is also pursuing the death penalty for Decarlos Brown Jr., a mentally ill man with 14 prior arrests who is accused of fatally stabbing a woman in left-leaning Charlotte, North Carolina. He faces a charge of violence against a railroad carrier and mass transportation system resulting in death, as well as state-level murder charges.
Without or without DOJ charges, Utah officials will likely benefit from federal help in prosecuting Robinson, including evidence that federal agents provide, Smith told the DCNF.
“That type of assistance is not uncommon. It’s welcomed by most states — maybe not all blue states, unfortunately,” Smith said.
The FBI began gathering evidence at UVU and delivering it to Washington for laboratory analysis immediately after Kirk’s death, FBI Director Kash Patel told the Senate on Sept. 16. Patel touted the bureau’s partnership with Utah officials throughout the investigation. The bureau’s probe also expanded to include more than 20 users of an online chat room on Discord that Robinson was reportedly involved in, as well as local leftist groups with any possible ties to Robinson.
Robinson’s next Utah court hearing is set for Jan. 16, 2026.
Copyright 2025 Daily Caller News Foundation
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