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The U.S. Department of Justice is considering how to file federal charges against the shooter three months after Charlie Kirk was assassinated, including under a novel legal theory that it was an anti-Christian hate crime, according to three people familiar with the investigation who spoke to NBC News.
Tyler Robinson, the suspect, is already charged with several state offenses, including aggravated murder, and Utah prosecutors intend to pursue the death penalty. Authorities have shown texts that the suspect sent to his trans partner, Robinson, stating that he was driven to kill Kirk because he had “enough of his hatred.”
Defendants frequently face both state and federal charges for a variety of offenses, such as domestic terrorist attacks and drug-related offenses.
However, some career prosecutors have opposed the attempt to file federal charges in the Kirk case, claiming that the crime doesn’t seem to be covered by any federal statutes, according to the three individuals.
According to three people familiar with the situation, prosecuting it as an anti-Christian hate crime would be extremely unusual because the federal case would probably center on equating anti-trans views with Christianity.
Additionally, the people claim that other possible federal statutes, such as the stalking charge brought against Luigi Mangione, do not seem to apply in this case.
A fourth person familiar with the investigation said federal prosecutors are still considering all of their options.
The Justice Department “is confident in the death penalty-eligible state murder case and are committed to making sure Charlie’s alleged killer goes to prison for life,” the person said. “The federal investigation remains ongoing and we will not hesitate to charge when appropriate. Involving the Civil Rights Division only opens more potential avenues to charge this suspect.”
Although there isn’t a specific federal domestic terrorism law, there is broad consensus that the Kirk assassination qualified as domestic terrorism under the federal definition.
The fact that the alleged murderer, a Utah resident, did not travel from out of state to attack Kirk, who was shot during an appearance at Utah Valley University, was one of the factors that complicated an attempt to file federal charges against Robinson.
Furthermore, Kirk was not an elected official or federal officer, which would have made a federal prosecution easier to pursue.
Robinson, who appeared in court for the first time last Thursday, has not yet entered a plea.
Robinson also drew immediate attention for his behavior inside the courtroom.
Robinson appeared in civilian clothing but remained fully shackled throughout the proceeding, a security measure ordered by the court due to the severity of the charges.
Observers in the courtroom noted that Robinson smiled and laughed as the hearing began, behavior that raised concerns among those present given the gravity of the case.
Video from inside the courtroom, released under strict broadcasting limitations, showed Robinson standing quietly as his attorney briefly stepped aside, offering the public its first clear look at the accused since his arrest.
Thursday’s hearing focused largely on a dispute over media access to the proceedings.
🚨: JUST IN: Charlie Kirk’s assassin Tyler Robinson strolls into court SMIRKING like a man who didn’t just destroy a family, steal a father from precious children, and attack an entire movement.
First time seeing him in person… and he’s proud of it.
No remorse. No humanity.… pic.twitter.com/GhFxPYkhuX
— Brandon Tatum (@TheOfficerTatum) December 11, 2025
Robinson’s defense team asked the court to limit camera coverage and reduce the presence of reporters, arguing that intense national attention could jeopardize his right to a fair trial.
Defense attorneys cited earlier closed hearings and warned that widespread media exposure could influence potential jurors.
Judge Tony Graf said he is considering both sides as he determines long term rules regarding cameras, recordings, and public attendance.
Prosecutors have said they intend to pursue aggravated murder charges and may seek the death penalty.
Additional hearings are expected to determine whether the case will proceed under full public access or with tighter courtroom restrictions.
New reporting indicates a connection between President Donald Trump’s would-be assassin, Thomas Crooks, and the killer of a Turning Point USA activist, Tyler Robinson.
TPUSA spokesman Andrew Kolvet said the development is “a five-alarm fire,” responding Monday on social media to a report by New York Post columnist Miranda Devine,
