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Jonathan Turley Analyzes Charlie Kirk Murder Case: Defense Has Few Options as Evidence Mounts
Constitutional law attorney Jonathan Turley examines the legal strategies in the case against Tyler Robinson, accused of killing Charlie Kirk. With preliminary hearings set to be public and a judge weighing an alleged gag order violation by prosecutors, Turley explains why the defense faces an uphill battle. From courtroom camera access to overwhelming evidence including text messages and crime scene details, the defense appears to be taking "three-point shots" with limited options. Erika Kirk advocates for complete transparency in proceedings that began so publicly with her husband's assassination.
Judge Rules Preliminary Hearing Will Be Public
A significant ruling has come down in the case against Tyler Robinson, accused of murdering Charlie Kirk. The judge overseeing the trial has decided that the preliminary hearing, scheduled for next month, will be open to the public. This decision represents a setback for the defense team but maintains transparency in a case that has captured national attention from its inception.
The court stated that several methods remain available to protect the defendant's right to a fair trial, including enlarging the pool of potential jurors, utilizing detailed juror questionnaires, and conducting thorough voir dire—all methods routinely used to safeguard a defendant's constitutional rights.
Gag Order Violation Hearing Granted
In what represents a win for Robinson's defense team, the judge has decided that a hearing is warranted over an alleged gag order violation by the prosecution. Tyler Robinson and his attorneys want to punish the prosecutors for speaking to the press outside the courthouse about an ATF report that the defense believes should have remained confidential.
Fox News contributor and constitutional law attorney Jonathan Turley weighed in on the matter, stating that while it does appear to be a violation of the gag order, the seriousness of the violation may be limited. "The defense just succeeded in moving a deck chair on the Titanic," Turley explained. "There's no question that the ship's going down. The evidence against Robinson is overwhelming."
Turley suggested that prosecutors may face a reprimand or possibly something more severe, such as the judge excluding a prosecutor, but generally these types of violations end up in a reprimand and a tighter order. He noted that the statement appeared to have been made to clarify something that was being wrongfully reported in the media.
Erika Kirk Advocates for Cameras in Courtroom
Erika Kirk, Charlie Kirk's widow, made a compelling argument for why the trial and all proceedings should be completely public and televised. Her statement highlighted the public nature of the tragedy from the very beginning.
"There were cameras all over my husband when he was murdered. There have been cameras all over my friends and family mourning. There have been cameras all over me, analyzing my every move, analyzing my every smile, my every tear," Erika Kirk stated. "We deserve to have cameras in there. Why not be transparent? There's nothing to hide."
She also pointed out that transparency is especially important because there have been so many conspiracy theories about what happened that day and what led to it. Having cameras in the courtroom would allow everyone to see every single thing the defendant says.
Turley agreed with this position, stating he doesn't think there's any reasonable argument to keep cameras out. "The judge has taken responsible measures to give a fair trial. He's expanded the scope for the jury. So when they go into voir dire, they'll have a greater number of jurors to pick from, certainly from a greater geographical area," Turley explained. "The Founders believed the trial should be public. They believed that justice should be observed. And so I can't imagine the court keeping cameras out of these proceedings."
Defense Faces Overwhelming Evidence
According to Turley, who has been a criminal defense attorney throughout his career, the defense has very few viable strategies available. "I mean, there's nothing there that I can see, as someone who's been a criminal defense attorney his entire career. I cannot see an avenue to really make a difference at trial," he stated.
The evidence against Robinson includes text messages between Tyler Robinson and his roommate, statements from the defendant, the crime scene evidence, and the weapons. "If this was a game of Clue, it would be over. Colonel Mustard would be gone," Turley remarked.
He explained that the defense appears to be trying to get the judge to commit an error by taking "different three-point shots," but it's not going to make any difference to the outcome of the trial. "You could exclude 90% of this evidence and still get a slam dunk conviction," Turley assessed.
Defense Strategy: Fighting Small Battles
When asked if the defense tactics represent a delay strategy, Turley explained that while he's been in similar positions with tough cases, the current approach demonstrates how little the defense has to work with. "They're going to try to fight these little skirmishes. But at the end of the day, this trial is going to happen. And I don't see how they're going to take care of this evidence," he said.
The defense is spending considerable time on issues like cameras in the courtroom and other procedural matters, essentially taking whatever shots they have available, even if those shots have limited potential impact on the case outcome.
The Plea Question
Turley also addressed the complex question of how Robinson might plead. He explained that this presents an interesting problem for the defense. Normally, when facing overwhelming evidence, an attorney might advise pleading guilty. However, in an assassination case, that strategy offers little benefit.
"Usually you look at something and you'll say, maybe you should go and plead guilty because we've got nothing in our hands. But it's not like that's going to get him a lighter sentence. You have to also tell him there's not a chance in the world that they're going to lower your sentence," Turley noted, highlighting the limited options available to the defense team regardless of which direction they choose.
Video Transcript
[00:01] .
[00:02] NOW, THIS.
[00:05] >> SEVERAL METHODS REMAIN
[00:06] AVAILABLE TO PROTECT THE
[00:07] DEFENDANT'S RIGHT TO A FAIR
[00:09] TRIAL.
[00:10] INCLUDING ENLARGING THE VENEER
[00:11] OF POTENTIAL JURORS.
[00:13] UTILIZING DETAILED JUROR
[00:15] QUESTIONNAIRES AND CONDUCTING
[00:17] THOROUGH FOR DIRE ALL METHODS
[00:18] ROUTINELY USED TO SAFEGUARD A
[00:20] DEFENDANT'S CONSTITUTIONAL
[00:22] RIGHTS.
[00:23] FOR THESE REASONS, THE COURT
[00:26] RESPECTFULLY DENIES DEFENDANT'S
[00:28] MOTION.
[00:28] THIS IS THE ORDER OF THE COURT.
[00:31] >> Aishah: OKAY, WE ALL REMEMBER
[00:32] THAT BUT NOW WE'RE WAITING FOR A
[00:33] PAIR OF MAJOR UPDATES FROM THE
[00:35] JUDGE OVERSEEING THE TRIAL OF
[00:36] CHARLIE KIRK'S ALLEGED KILLER, E
[00:39] ROBINSON.
[00:39] SO THE PRELIMINARY HEARING IS
[00:40] SCHEDULED FOR NEXT MONTH.
[00:41] IT'S GOING TO BE OPEN TO THE
[00:43] PUBLIC SO FAR.
[00:44] IT'S A SETBACK FOR THE DEFENSE.
[00:46] AND TYLER ROBINSON.
[00:47] BUT A WIN FOR ROBINSON TEAM.
[00:49] A JUDGE HAS DECIDED AN AVERAGE
[00:51] HEARING IS WARRANTED.
[00:53] OVER AN ALLEGED GAG ORDER
[00:55] VIOLATION BY THE PROSECUTION'S.
[00:56] SO LET'S BRING FOX NEWS
[00:58] CONTRIBUTOR AND CONSTITUTIONAL
[00:59] LAW ATTORNEY JONATHAN TURLEY.
[01:00] SO WE'LL START THERE.
[01:02] TYLER ROBINSON AND HIS TEAM WANT
[01:04] TO PUNISH THE PROSECUTORS HERE
[01:06] FOR TALKING TO THE PRESS, COMING
[01:07] OUTSIDE THE COURTHOUSE AND
[01:08] TALKING ABOUT THIS ATF REPORT
[01:10] THAT THEY FEEL SHOULD HAVE JUST
[01:12] BEEN KEPT UNDER WRAPS, AND THEY
[01:14] WANT THE JUDGE TO PUNISH THESE
[01:16] PROSECUTORS.
[01:17] WHICH WAY YOU THINK THE JUDGE IS
[01:19] GOING TO GO WITH THIS QUESTION.
[01:21] >> WELL, IT DOES APPEAR TO BE A
[01:22] VIOLATION OF THE GAG ORDER AND
[01:23] MAKING THE STATEMENTS OF THE
[01:26] MEDIA.
[01:26] BUT IN TERMS OF HOW SERIOUS THAT
[01:28] IS, TAMAR I DON'T THINK IT'S
[01:29] VERY SERIOUS IN TERMS OF THE
[01:31] OUTCOME OF THE CASE.
[01:32] THE DEFENSE JUST EXCEEDED IN
[01:33] MOVING A DECK CHAIR ON THE
[01:35] TITANIC.
[01:36] THERE'S NO QUESTION THAT THE
[01:37] SHIPS COULD END UP WITH THE
[01:39] EVIDENCE AGAINST ROBINSON IS
[01:43] OVERWHELMING.
[01:43] I MEAN, THERE'S NOTHING THERE
[01:44] THAT I CAN SEE, AS SOMEONE WHO'S
[01:46] BEEN A CRIMINAL DEFENSE ATTORNEY
[01:48] HIS ENTIRE CAREER, CANNOT SEE AN
[01:51] AVENUE TO REALLY MAKE A
[01:53] DIFFERENCE.
[01:54] A TRIAL.
[01:55] SO THEY'RE TRYING TO SEE IF THEY
[01:56] CAN GET THE JUDGE TO COMMIT AN
[01:58] ERROR.
[01:58] THEY'RE TRYING TO TAKE THESE
[02:00] DIFFERENT THREE-POINT SHOTS.
[02:00] IT'S NOT GOING TO MAKE ANY
[02:02] DIFFERENCE TO THE OUTCOME OF THE
[02:04] TRIAL FOR THE PROSECUTORS MAY
[02:05] FACE A REPRIMAND.
[02:07] THEY COULD FACE SOMETHING MORE
[02:08] SEVERE, LIKE THE JUDGE COULD END
[02:10] UP EXCLUDING A PROSECUTOR.
[02:12] BUT GENERALLY, THESE ARE THE
[02:13] TYPES OF THINGS THAT END UP IN A
[02:15] REPRIMAND AND A LITTLE TIGHTER
[02:16] OF AN ORDER.
[02:18] GENERALLY, THESE GAG ORDERS ARE
[02:20] TREATED AS CENTRIST BY THE
[02:22] JUDGE.
[02:23] THERE DOES APPEAR TO HAVE BEEN A
[02:25] STATEMENT MADE TO CLARIFY
[02:26] SOMETHING THAT WAS BEING
[02:28] WRONGFULLY REPORTED IN THE
[02:31] MEDIA.
[02:32] >> Aishah: LOOKS LIKE A RULING
[02:33] DID COME DOWN, JONATHAN, IT ALSO
[02:34] CAME DOWN FOR WHETHER OR NOT
[02:36] THIS HEARING SHOULD BE PUBLIC.
[02:38] AND THE JUDGE HAS DETERMINED IT
[02:39] SHOULD BE.
[02:42] THE DEFENSE TRIED TO KEEP THIS
[02:43] UNDER WRAPS.
[02:44] I WANT TO PLAY A SOUND BITE FOR
[02:46] YOU.
[02:46] THIS IS FROM ERIKA KIRK.
[02:48] WHO I THINK HAS MADE A GREAT
[02:49] POINT HERE THAT GETS OVERLOOKED
[02:53] IN WHY THIS TRIAL, WHY THIS
[02:55] HEARING AND WHY EVERYTHING AS
[02:57] PART OF THIS CASE SHOULD BE
[02:59] PUBLIC.
[03:00] BECAUSE THE ASSASSINATION OF HER
[03:03] HUSBAND WAS IN SUCH A PUBLIC
[03:05] WAY.
[03:05] SO WATCH THIS.
[03:07] >> WAS ALL OVER MY HUSBAND WHEN
[03:08] HE WAS MURDERED.
[03:11] THERE HAVE BEEN CAMERAS ALL OVER
[03:12] MY FRIENDS AND FAMILY MOURNING.
[03:16] THERE HAVE BEEN CAMERAS ALL OVER
[03:19] ME, ANALYZING MY EVERY MOVE,
[03:21] ANALYZING MY EVERY SMILE MY
[03:25] EVERY TEAR.
[03:28] WE DESERVE TO HAVE CAMERAS IN
[03:30] THERE.
[03:31] WHY NOT BE TRANSPARENT?
[03:34] THERE'S NOTHING TO HIDE.
[03:39] >> ESPECIALLY BECAUSE THERE'S
[03:40] BEEN SO MANY CONSPIRACY THEORIES
[03:41] OUT THERE ABOUT WHAT HAPPENED
[03:43] THAT DAY AND WHAT LED TO THAT
[03:44] DAY.
[03:45] BUT SHOULDN'T THERE BE CAMERAS
[03:46] IN THE COURTROOM SO THAT
[03:47] EVERYONE CAN SEE EVERY SINGLE
[03:47] THING THAT THIS DEFENDANT SAYS?
[03:52] >> YEAH, I DON'T THINK THERE'S
[03:53] ANY REASONABLE ARGUMENT TO KEEP
[03:54] CAMERAS OUT.
[03:55] I THINK THE JUDGE IS GOING TO
[03:56] ALLOW CAMERAS IN.
[03:57] THE ORDER TODAY INDICATES THAT.
[03:59] THE JUDGE HAS TAKEN RESPONSIBLE
[04:01] MEASURES TO GIVE A FAIR TRIAL.
[04:04] HE'S EXPANDED THE SCOPE FOR THE
[04:06] JURY.
[04:06] SO WHEN THEY GO INTO VOIR DIRE,
[04:07] THEY'LL HAVE A GREATER NUMBER OF
[04:10] JURORS TO PICK FROM.
[04:11] IT'S CERTAINLY FROM A GREATER
[04:13] GEOGRAPHICAL AREA.
[04:15] I THINK THAT HE HAS MADE TAKING
[04:17] EVERY STEP HE CAN TO ENSURE A
[04:19] FAIR TRIAL.
[04:20] I THINK HE'S WELL WITHIN THAT
[04:22] NAVIGATIONAL BEACONS.
[04:23] HE HAS NOT TRIPPED ANY WIRES.
[04:25] AND LOOK, I'M NOT JUMPING ON THE
[04:27] DEFENSE.
[04:28] I'VE BEEN A CRIMINAL DEFENSE
[04:29] ATTORNEY MOST OF MY CAREER.
[04:30] YOU HAVE TO TRY TO TAKE THE
[04:31] SHOTS YOU'VE GOT.
[04:33] IT'S JUST THAT THEY HAVE VERY
[04:34] FEW SHOTS HERE.
[04:35] AND SO THEY'RE SPENDING A LOT OF
[04:36] TIME TALKING ABOUT CAMERAS IN
[04:39] THE COURTROOM.
[04:40] THE FOUNDERS BELIEVED THE TRIAL
[04:41] SHOULD BE PUBLIC.
[04:43] THEY BELIEVED THAT JUSTICE
[04:45] SHOULD BE OBSERVED.
[04:46] AND SO I CAN'T IMAGINE THE COURT
[04:49] KEEPING CAMERAS OUT OF THESE
[04:52] PROCEEDINGS.
[04:53] >> Aishah: OKAY, YOU'VE BEEN A
[04:54] CRIMINAL DEFENSE ATTORNEY,
[04:55] JONATHAN.
[04:56] HOW ARE YOU READING THIS?
[04:57] IS THIS A DELAY TACTIC?
[04:59] WHAT IS GOING THROUGH THE MINDS
[05:00] OF THE DEFENSE RIGHT NOW WHEN
[05:01] THEY'RE TRYING, ALL OF THESE
[05:02] AVENUES, WHEN THIS CASE IS SO
[05:04] PUBLIC ALREADY?
[05:05] WE HAVE THE TEXT MESSAGES
[05:07] BETWEEN TYLER ROBINSON AND HIS
[05:09] ROOMMATE.
[05:10] THERE'S SO MUCH THAT'S ALREADY
[05:11] OUT THERE AND EXPOSED.
[05:12] I DON'T KNOW WHAT THEY THINK,
[05:14] THEY COULD PROBABLY TRY TO KEEP
[05:15] UNDER WRAPS AT THIS POINT.
[05:18] >> WELL, AND THEY'VE GOT HIS
[05:19] STATEMENTS.
[05:20] THEY'VE GOT THE THE SCENE.
[05:21] THEY'VE GOT THE WEAPONS.
[05:23] IF THIS WAS A GAME OF CLUE, IT
[05:25] WOULD BE OVER.
[05:27] COLONEL MUSTARD WOULD BE GONE.
[05:29] SO THEY DON'T HAVE MUCH.
[05:31] AND LOOK, I'VE BEEN THERE BUT
[05:32] I'VE HAD TOUGH CASES.
[05:35] AND YOU TRY TO DO THE BEST YOU
[05:37] CAN.
[05:37] BUT THIS REALLY I THINK,
[05:39] DEMONSTRATES HOW LITTLE THEY
[05:40] HAVE.
[05:41] SO THEY'RE GOING TO TRYING TO
[05:43] FIGHT THESE LITTLE SKIRMISHES.
[05:45] BUT AT THE END OF THE DAY, THIS
[05:47] TRIAL IS GOING TO HAPPEN.
[05:48] AND I DON'T SEE HOW THEY'RE
[05:50] GOING TO TAKE CARE OF THIS
[05:51] EVIDENCE.
[05:52] THEY'RE GOING TO TRY TO EXCLUDE
[05:53] A LOT OF IT.
[05:54] BUT YOU CAN EXCLUDE 90% OF THIS
[05:56] EVIDENCE AND STILL GET A SLAM
[05:57] DUNK CONVICTION.
[06:00] >> Aishah: HE HAS -- HOW DO YOU
[06:02] THINK HE PLEADS?
[06:05] >> THIS IS ANOTHER INTERESTING
[06:07] PROBLEM FOR THE DEFENSE.
[06:08] AND THAT IS YOU'VE GOTTEN AN
[06:11] ASSASSINATION.
[06:11] SO USUALLY YOU LOOK AT SOMETHING
[06:12] AND YOU'LL SAY, MAYBE YOU SHOULD
[06:14] GO AND PLEAD GUILTY BECAUSE
[06:16] WE'VE GOT NOTHING IN OUR HANDS.
[06:20] BUT IT'S NOT LIKE THAT'S GOING
[06:21] TO GET HIM A LIGHTER SENTENCE.
[06:23] YOU HAVE TO ALSO TELL HIM
[06:24] THERE'S NOT A CHANCE IN THE
[06:25] WORLD THAT THEY'RE GOING TO
[06:27] LOWER YOUR SENTE
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