WASHINGTON — Three months after the assassination of Charlie Kirk, the Justice Division is weighing learn how to carry federal prices towards the shooter, together with below a novel authorized principle that it was an anti-Christian hate crime, in line with three individuals acquainted with the investigation.
The suspect, Tyler Robinson, is already going through a number of state prices, together with an aggravated homicide depend, and Utah prosecutors plan to hunt the demise penalty. Robinson’s associate is trans, and authorities have produced textual content messages from the suspect to his associate saying he was motivated to kill Kirk as a result of he had “sufficient of his hatred.”
It’s not unusual for defendants to face each state and federal prices, together with for drug-related crimes and home terrorist assaults, amongst different offenses. However the effort to carry federal prices within the Kirk case has been met with resistance by some profession prosecutors who’ve argued that the crime doesn’t seem to fall below any federal statutes, the three individuals stated.
Prosecuting it as an anti-Christian hate crime could be extremely uncommon as a result of the federal case would doubtless activate equating anti-trans views with Christianity, in line with the three individuals acquainted with the matter. And different potential federal statutes, just like the stalking cost introduced towards Luigi Mangione, don’t seem to use on this case, the individuals say.
“They’re attempting to shove a sq. peg right into a spherical gap,” stated one of many individuals acquainted with the federal investigation.
A Justice Division spokesperson declined to remark.
A fourth particular person acquainted with the investigation stated federal prosecutors are nonetheless contemplating all of their choices.
The Justice Division “is assured within the demise penalty-eligible state homicide case and are dedicated to creating certain Charlie’s alleged killer goes to jail for all times,” the particular person stated. “The federal investigation stays ongoing and we is not going to hesitate to cost when acceptable. Involving the Civil Rights Division solely opens extra potential avenues to cost this suspect.”
Kirk, who based Turning Level USA, was well-liked amongst conservatives and a celebrated determine in President Donald Trump’s MAGA motion. Trump, Vice President JD Vance and Legal professional Normal Pam Bondi all heaped reward on Kirk following his assassination and pledged to do no matter essential to carry justice in his case.
There’s widespread settlement that the Kirk assassination was an act of home terrorism below the federal definition, however there’s no particular federal home terrorism regulation.
In September, NBC Information reported that components complicating an effort to carry federal prices towards Robinson included that the alleged killer, a Utah resident, didn’t journey from out of state to assault Kirk, who was shot throughout an look at Utah Valley College. Moreover, Kirk himself was not a federal officer or elected official, which might have supplied a extra simple lane for a federal prosecution.
Robinson, who made his first in-person court docket look on Thursday, has not but entered a plea.
Federal hate crime prices have historically been introduced in instances of violence or discrimination towards racial and non secular minorities, LGBTQ Individuals and different disenfranchised communities.
Each state prices and federal civil rights prices have been introduced in latest instances involving political violence, together with towards an avowed admirer of Adolf Hitler who plowed right into a crowd of anti-racist protesters in Charlottesville in 2017, and the white supremacist who has pleaded responsible to killing 10 Black individuals at a grocery store in Buffalo, New York.
The Justice Division’s Civil Rights Division has undergone sweeping prices below the management of Assistant Legal professional Normal Harmeet Dhillon, a lawyer recognized for championing conservative causes who represented Trump as he challenged the outcomes of the 2020 election.
The federal prosecutor’s workplace in Utah, which might be concerned in any federal prosecution, just lately underwent a management change. Interim U.S. Legal professional for the District of Utah Melissa Holyoak was appointed by Bondi on Nov. 17. Earlier than that, performing U.S. Legal professional Felice John Viti had overseen the federal prosecutor’s workplace.
Viti didn’t reply to requests for remark, and the U.S. Legal professional’s Workplace for the District of Utah didn’t reply to a request for remark.
Gary Grumbach contributed.
