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Charlie Kirk Today | Jay Town: May 20, 2026 | Charlie Kirk Today | May 20, 2026
- Luigi mangione is back in the news this morning.
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- Obviously, that's a topic that, strikes
- 00:00:12.491 --> 00:00:14.660
- Near and dear to our heart here on the charlie kirk show.
- 00:00:14.660 --> 00:00:18.397
- Luigi mangione, in a big way, contributed to this rise
- 00:00:18.397 --> 00:00:22.101
- Of assassination culture.
- 00:00:22.101 --> 00:00:23.802
- It's something that charlie was very worried about.
- 00:00:23.802 --> 00:00:25.604
- And just this morning, judge caro,
- 00:00:25.604 --> 00:00:28.640
- Who's overseeing the state case here, has ruled that
- 00:00:28.640 --> 00:00:32.244
- The backpack that was next to luigi mangione
- 00:00:32.244 --> 00:00:36.515
- In the mcdonald's where he was arrested.
- 00:00:36.515 --> 00:00:39.184
- So he's sitting at a table.
- 00:00:39.184 --> 00:00:40.385
- There's a backpack either
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- On a table adjacent to him or on the floor.
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- And they have it has been ruled
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- That the contents of that backpack are inadmissible.
- 00:00:47.326 --> 00:00:51.597
- That includes they will be suppressed. yes.
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- Cell phone, his passport.
- 00:00:54.533 --> 00:00:56.068
- Magazine, i assume.
- 00:00:56.068 --> 00:00:58.570
- Is it a gun magazine? bullet magazine?
- 00:00:58.570 --> 00:01:00.439
- Magazine? wallet and computer check.
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- Computer chip.
- 00:01:02.374 --> 00:01:03.342
- I'm not sure what the computer chip is here.
- 00:01:03.342 --> 00:01:04.843
- Let's go ahead and,
- 00:01:04.843 --> 00:01:05.777
- Play that scene from inside the courtroom.
- 00:01:05.777 --> 00:01:08.747
- Saw 13.
- 00:01:08.981 --> 00:01:09.948
- I find that the search of the backpack
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- At the mcdonald's was improper.
- 00:01:12.684 --> 00:01:15.220
- Warrantless search,
- 00:01:15.220 --> 00:01:17.189
- That the
- 00:01:17.456 --> 00:01:18.290
- Backpack was not within the control
- 00:01:18.290 --> 00:01:20.626
- Or probable area of the defendant,
- 00:01:20.626 --> 00:01:23.395
- And further, that people failed to demonstrate
- 00:01:23.395 --> 00:01:25.797
- Extra concern competences.
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- Therefore,
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- Those items found in the backpack during the search at
- 00:01:29.101 --> 00:01:32.037
- The mcdonald's will be suppressed.
- 00:01:32.037 --> 00:01:34.473
- However, the people have established
- 00:01:34.473 --> 00:01:37.209
- That the subsequent search of the backpack at the station
- 00:01:37.209 --> 00:01:40.979
- Was a valid inventory search and therefore the items
- 00:01:40.979 --> 00:01:44.783
- Recovered at the station will not be suppressed.
- 00:01:44.783 --> 00:01:48.320
- Just to go into this rule, because i had to look it up
- 00:01:48.320 --> 00:01:50.923
- When this ruling came through.
- 00:01:50.923 --> 00:01:53.659
- No, it is typically not illegal to search,
- 00:01:53.659 --> 00:01:57.930
- A suspect's backpack when they have been apprehended
- 00:01:57.930 --> 00:02:01.934
- Under the search incident to a lawful arrest exception
- 00:02:01.934 --> 00:02:05.571
- To the fourth amendment,
- 00:02:05.571 --> 00:02:06.705
- Meaning that for the officer safety,
- 00:02:06.705 --> 00:02:09.975
- If the backpack is in or around the person
- 00:02:09.975 --> 00:02:12.711
- That's been arrested, the suspect in this case,
- 00:02:12.711 --> 00:02:15.347
- Then the immediate association with the suspect
- 00:02:15.347 --> 00:02:19.117
- That's been lawfully apprehended is then fair game.
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- They should be able to search that.
- 00:02:22.321 --> 00:02:23.922
- There is, however, some exceptions.
- 00:02:23.922 --> 00:02:27.426
- So if the suspect is in the car
- 00:02:27.426 --> 00:02:29.361
- And like the police car in the back, he's handcuffed
- 00:02:29.361 --> 00:02:32.197
- And they haven't searched the backpack yet,
- 00:02:32.197 --> 00:02:34.099
- They may need to get a warrant for that.
- 00:02:34.099 --> 00:02:36.268
- So this looks to be basically a gray area.
- 00:02:36.268 --> 00:02:39.771
- My question for this judge would be what was to say
- 00:02:39.771 --> 00:02:42.774
- That there wasn't a bomb inside that backpack?
- 00:02:42.774 --> 00:02:44.843
- Yeah, it's very strange.
- 00:02:44.843 --> 00:02:46.044
- You could hear it in the clip where he's saying
- 00:02:46.044 --> 00:02:48.046
- Essentially the backpack was basically,
- 00:02:48.046 --> 00:02:50.749
- It sounds like too far away from luigi when they detain,
- 00:02:50.749 --> 00:02:53.619
- Like, what's the distance you were holding the backpack?
- 00:02:53.619 --> 00:02:56.388
- They could have searched it.
- 00:02:56.388 --> 00:02:57.289
- Yeah,
- 00:02:57.289 --> 00:02:58.423
- But i guess it was maybe on the other side of the table
- 00:02:58.423 --> 00:02:59.658
- Or the cops could get between them.
- 00:02:59.658 --> 00:03:01.326
- It sounds very, very ticky tack either way.
- 00:03:01.326 --> 00:03:05.163
- Ticky tacky.
- 00:03:05.163 --> 00:03:05.864
- So, so just so you know, the,
- 00:03:05.864 --> 00:03:07.399
- The idea of, of a backpack or a possession being
- 00:03:07.399 --> 00:03:11.036
- In the immediate association or vicinity of a suspect.
- 00:03:11.036 --> 00:03:14.973
- This includes clothing, wallets, purses and backpacks
- 00:03:14.973 --> 00:03:17.843
- That the person is wearing, carrying
- 00:03:17.843 --> 00:03:19.611
- Or had in their immediate possession.
- 00:03:19.611 --> 00:03:22.047
- The justification is officer safety.
- 00:03:22.047 --> 00:03:24.249
- Are there any weapons and preserving evidence?
- 00:03:24.249 --> 00:03:27.019
- So if the backpack is separated from the suspect,
- 00:03:27.019 --> 00:03:30.389
- As the suspect is being secure,
- 00:03:30.389 --> 00:03:32.391
- Handcuffed in a patrol car,
- 00:03:32.391 --> 00:03:34.059
- Under control with no realistic access,
- 00:03:34.059 --> 00:03:36.295
- Some courts, like the fourth circuit, have, provided
- 00:03:36.295 --> 00:03:40.632
- The reasoning
- 00:03:40.632 --> 00:03:41.700
- That may require a warrant or other justification,
- 00:03:41.700 --> 00:03:44.936
- Treating it
- 00:03:44.936 --> 00:03:46.138
- More like a container as as opposed to part of the person.
- 00:03:46.138 --> 00:03:49.374
- So that's obviously what the judge has ruled here.
- 00:03:49.374 --> 00:03:51.877
- Apparently body cam footage was used in this
- 00:03:51.877 --> 00:03:55.614
- Hearing to come to this ruling.
- 00:03:55.614 --> 00:03:58.317
- Very, very frustrating though, because obviously
- 00:03:58.317 --> 00:04:01.553
- They had probable cause.
- 00:04:01.553 --> 00:04:03.522
- They checked his id,
- 00:04:03.522 --> 00:04:04.623
- They arrested him at the mcdonald.
- 00:04:04.623 --> 00:04:06.792
- The backpack was on the floor or on the table.
- 00:04:06.792 --> 00:04:10.429
- So two questions then immediately come to mind.
- 00:04:10.429 --> 00:04:13.165
- What is the distance away from the suspect that it
- 00:04:13.165 --> 00:04:16.101
- All of a sudden becomes a warranted search?
- 00:04:16.101 --> 00:04:19.004
- And and by the way, again, what if there was a bomb
- 00:04:19.004 --> 00:04:23.241
- In the backpack?
- 00:04:23.241 --> 00:04:24.343
- This feels absolutely like the judge is sympathetic
- 00:04:24.343 --> 00:04:28.647
- To luigi maggio, a cold blooded murderer.
- 00:04:28.647 --> 00:04:31.350
- An assassin.
- 00:04:31.350 --> 00:04:33.051
- Well, so okay,
- 00:04:33.051 --> 00:04:34.086
- Let's on the flip side, we should emphasize,
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- You see two different headlines,
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- And it kind of shows, i think, different
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- Perspectives of media outlets because some fox
- 00:04:39.624 --> 00:04:41.860
- Certainly they're leading with
- 00:04:41.860 --> 00:04:43.528
- All of this evidence is getting suppressed.
- 00:04:43.528 --> 00:04:45.731
- It's a big win.
- 00:04:45.731 --> 00:04:46.765
- But other publications are emphasizing
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- They are allowed to use his gun,
- 00:04:48.867 --> 00:04:50.736
- And they are allowed to use, his diary.
- 00:04:50.736 --> 00:04:52.904
- And i suspect that means that they're allowed
- 00:04:52.904 --> 00:04:54.473
- To use his manifesto, which is 260 pages, are words
- 00:04:54.473 --> 00:04:58.643
- Approximately saying basically, he's motivated
- 00:04:58.643 --> 00:05:01.713
- By how angry he is about the health care system.
- 00:05:01.713 --> 00:05:04.416
- And that's pretty strong evidence overall.
- 00:05:04.416 --> 00:05:07.152
- So i think we can be hopeful.
- 00:05:07.152 --> 00:05:09.121
- There's still a lot here.
- 00:05:09.121 --> 00:05:10.355
- What i will say is
- 00:05:10.355 --> 00:05:12.190
- The uneasy feeling i've had, you've had,
- 00:05:12.190 --> 00:05:14.226
- I think a lot of people have had is it
- 00:05:14.226 --> 00:05:15.560
- Seems like every couple months we get a new development
- 00:05:15.560 --> 00:05:18.630
- And it's always away from what we want.
- 00:05:18.630 --> 00:05:20.899
- So first they're going to seek
- 00:05:20.899 --> 00:05:22.768
- The death penalty with him now.
- 00:05:22.768 --> 00:05:24.002
- Now they can't seek the death penalty for whatever reason.
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- And now they're suppressing some evidence.
- 00:05:26.471 --> 00:05:28.540
- Maybe next time other evidence is going to get suppressed.
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- It's always
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- One little development after another in favor of this
- 00:05:32.010 --> 00:05:35.046
- Guy who we should remind everyone heinously murdered.
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- It seems a stranger in cold blood.
- 00:05:38.583 --> 00:05:41.486
- A father because he was angry about the industry
- 00:05:41.486 --> 00:05:45.557
- The man worked in, which the man did not create.
- 00:05:45.557 --> 00:05:48.093
- The man did not really perpetuate.
- 00:05:48.093 --> 00:05:49.795
- He was just a ceo of a health insurance company.
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- And by the way, guys all have, you know,
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- Health insurance is not the reason u.s.
- 00:05:54.232 --> 00:05:56.268
- Health care is expensive.
- 00:05:56.268 --> 00:05:57.469
- No. well, that's the thing.
- 00:05:57.469 --> 00:05:58.937
- So big pharma is watching this whole show trial go on.
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- And they're overjoyed. right.
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- There was an observation
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- That walter kern made, and i agree with it.
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- And basically, it's a giant distraction
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- From the fact that this man is a cold blooded killer
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- Who is sparking this rise in assassination culture.
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- We'll let charlie take it away here so that 16
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- Look, you got two options.
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- You can go maga or maggio ism.
- 00:06:20.625 --> 00:06:22.594
- You go to maga, or you can go mamdani ism, you can go maga
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- Or, you know, mohammed ism.
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- It's very funny
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- How all the m's maga is the only option on the right.
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- Neoconservatives are not coming back.
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- The corporate oligarchs,
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- We're not going to let him. so maga has cemented
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- The worldview of the american right.
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- But the left, we don't know.
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- It could go mad. gionee, which is the most extreme.
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- You could go mamdani, which
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- Is very extreme, or you go, mohammadi muhammad ism,
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- Which is just, you know, muslim islamic takeover.
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- You get reform or you get revolution.
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- We get maga one reform stuff, political
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- Undercurrent underneath mad gionee
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- That cannot be ignored, that should not be dismissed.
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- And that political reality is that is
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- On the american left
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- On the american left
- 00:07:09.996 --> 00:07:14.652
- Blake what's the breaking.
- 00:07:15.219 --> 00:07:16.420
- President trump has announced his endorsement.
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- And even though all of ten minutes ago
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- It was 80% for cornyn, he is endorsing
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- Ken paxton ken paxton, do we have the track in there?
- 00:07:23.794 --> 00:07:27.365
- There we go. it's a very long one.
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- We'll do a few highlight lines, he says.
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- The highly respected attorney general of texas,
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- Ken paxton, an america first patriot
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- And someone who has always been
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- Extremely loyal to me and our amazing maga movement,
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- Is running for the u.s.
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- Senate to represent a place i love and won big three times.
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- With 6.4 million votes in 2024,
- 00:07:43.014 --> 00:07:45.316
- The most in the history of the state by far.
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- Very trumpian tweet here.
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- Yes. want to celebrate this.
- 00:07:48.886 --> 00:07:50.321
- This is a good, good moment
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- For the base, good moment for the coalition.
- 00:07:51.622 --> 00:07:54.325
- I think this is the 100% correct decision.
- 00:07:54.325 --> 00:07:57.762
- And again, we talk about coalition building.
- 00:07:57.762 --> 00:07:59.664
- We talk about keeping that 2024 coalition together.
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- This is this is an endorsement that helps him do that.
- 00:08:03.334 --> 00:08:06.270
- So very, very good news here.
- 00:08:06.270 --> 00:08:08.339
- Very, very happy
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- That this is the decision that was made
- 00:08:09.774 --> 00:08:12.076
- When a lot of people said it was going to go the other way.
- 00:08:12.076 --> 00:08:13.878
- The prediction markets had 80%.
- 00:08:13.878 --> 00:08:16.180
- Cornyn. just minutes ago.
- 00:08:16.180 --> 00:08:18.082
- You would have lost a lot of money on that bet.
- 00:08:18.082 --> 00:08:20.685
- So there you are.
- 00:08:20.685 --> 00:08:22.019
- So, well done, president trump.
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- If you're watching, i was told that,
- 00:08:24.989 --> 00:08:26.624
- It was possible you were watching this morning.
- 00:08:26.624 --> 00:08:28.326
- So if you're still watching,
- 00:08:28.326 --> 00:08:29.961
- Congratulations on a great decision.
- 00:08:29.961 --> 00:08:31.862
- I want to bring in georgetown.
- 00:08:31.862 --> 00:08:33.264
- Who is a career prosecutors and newsmax contributor.
- 00:08:33.264 --> 00:08:36.667
- But he's he's been in so many, criminal
- 00:08:36.667 --> 00:08:40.338
- Cases, violent crimes, death penalty cases.
- 00:08:40.338 --> 00:08:44.041
- Jay, welcome back to the show, sir.
- 00:08:44.041 --> 00:08:46.277
- Great to have you.
- 00:08:46.277 --> 00:08:47.411
- So this morning, there is, ongoing right now.
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- There is a trial.
- 00:08:50.514 --> 00:08:51.315
- There's a hearing, going on.
- 00:08:51.315 --> 00:08:53.584
- Judge tony graff is hearing arguments,
- 00:08:53.584 --> 00:08:56.320
- From the defense on various topics.
- 00:08:56.320 --> 00:08:58.889
- You, you know, you've been you had a busy morning,
- 00:08:58.889 --> 00:09:02.526
- But you're catching bits and pieces of it here. jay.
- 00:09:02.526 --> 00:09:05.529
- It seems to be most of this around so far has been around
- 00:09:05.529 --> 00:09:09.000
- Is they're trying to get the one of the prosecutors
- 00:09:09.000 --> 00:09:11.836
- Held in contempt for breaking a gag order,
- 00:09:11.836 --> 00:09:14.905
- And it appears to be related to that atf report,
- 00:09:14.905 --> 00:09:17.642
- Which was the first time we had you, on the show.
- 00:09:17.642 --> 00:09:20.811
- What are you hearing and seeing? jay?
- 00:09:20.811 --> 00:09:23.114
- Yeah.
- 00:09:23.347 --> 00:09:23.748
- So rule 3.6.
- 00:09:23.748 --> 00:09:25.416
- So the
- 00:09:25.416 --> 00:09:26.283
- Rules of professional responsibility,
- 00:09:26.283 --> 00:09:27.418
- Which every lawyer has to follow.
- 00:09:27.418 --> 00:09:29.120
- And as a prosecutor, relevant
- 00:09:29.120 --> 00:09:30.855
- Here, says that it's it involves pretrial publicity.
- 00:09:30.855 --> 00:09:34.725
- And so you can't make extrajudicial statements,
- 00:09:34.725 --> 00:09:37.561
- Meaning out of court statements,
- 00:09:37.561 --> 00:09:39.764
- That would materially prejudice the defendant.
- 00:09:39.764 --> 00:09:42.333
- So let's say i know something is hearsay and inadmissible,
- 00:09:42.333 --> 00:09:45.870
- But i go on tv and i talk about that evidence,
- 00:09:45.870 --> 00:09:48.506
- Knowing that a jury's never going to hear it.
- 00:09:48.506 --> 00:09:50.508
- That is an extra judicial statement that does
- 00:09:50.508 --> 00:09:53.110
- Materially prejudice defendant in is prohibited the problem.
- 00:09:53.110 --> 00:09:57.748
- And i'm glad the state prosecutors nailed
- 00:09:57.748 --> 00:10:00.718
- The robinson's defense counsel on this today,
- 00:10:00.718 --> 00:10:03.688
- Because this bugged me the first time
- 00:10:03.688 --> 00:10:05.256
- You had me on your show and all we had
- 00:10:05.256 --> 00:10:08.159
- We didn't have the atf report at the time, but i told you
- 00:10:08.159 --> 00:10:11.562
- That i guarantee you that that atf report suggests that,
- 00:10:11.562 --> 00:10:15.966
- It could not be excluded,
- 00:10:15.966 --> 00:10:18.602
- That the bullet found in charlie
- 00:10:18.602 --> 00:10:20.438
- Kirk's body came from that rifle.
- 00:10:20.438 --> 00:10:22.139
- It wasn't just that they were unable to identify,
- 00:10:22.139 --> 00:10:24.942
- A match between the bullet and the rifle,
- 00:10:24.942 --> 00:10:27.912
- And that it was a 30 caliber class bullet.
- 00:10:27.912 --> 00:10:30.381
- Meaning that's the type of bullet
- 00:10:30.381 --> 00:10:32.216
- That is fired from the gun that has robinson's dna on it.
- 00:10:32.216 --> 00:10:35.519
- But that was excluded from the defense counsel's motion.
- 00:10:35.519 --> 00:10:38.656
- Sure enough, we get the atf reports exactly what it said.
- 00:10:38.656 --> 00:10:42.593
- We also understand
- 00:10:42.593 --> 00:10:44.128
- That it says it's unable to identify or exclude, right.
- 00:10:44.128 --> 00:10:48.099
- Or exclude, meaning we don't know
- 00:10:48.099 --> 00:10:51.268
- Because it was such badly damaged,
- 00:10:51.268 --> 00:10:53.237
- Shrapnel mushroomed round that was found in charlie's body.
- 00:10:53.237 --> 00:10:57.575
- So we just can't, give any meaningful analysis to it to
- 00:10:57.575 --> 00:11:02.213
- Match the striations of the 36 that was found in in jail.
- 00:11:02.213 --> 00:11:06.183
- Just, don't mean to interrupt you,
- 00:11:06.183 --> 00:11:07.685
- But i got to throw this original image up.
- 00:11:07.685 --> 00:11:10.321
- This.
- 00:11:10.321 --> 00:11:10.955
- So this all came back down
- 00:11:10.955 --> 00:11:12.089
- To the daily mail article that came out at the time,
- 00:11:12.089 --> 00:11:15.659
- Which let's let's just read their headline here.
- 00:11:15.659 --> 00:11:18.562
- Bullet used to kill charlie kirk did not all caps
- 00:11:18.562 --> 00:11:22.800
- Did not match. not match.
- 00:11:22.800 --> 00:11:24.635
- Rifle allegedly used by suspect tyler
- 00:11:24.635 --> 00:11:26.704
- Roberts, a new court filing claims this sent the internet
- 00:11:26.704 --> 00:11:29.840
- And the twittersphere absolutely bonkers ablaze.
- 00:11:29.840 --> 00:11:34.111
- Crazy, right?
- 00:11:34.111 --> 00:11:35.179
- So for like, it was like 36 hours, this thing did,
- 00:11:35.179 --> 00:11:38.682
- I don't know, 40 million engagements on twitter alone,
- 00:11:38.682 --> 00:11:41.485
- Let alone all the youtube videos
- 00:11:41.485 --> 00:11:42.920
- That were made of it, tiktoks and everything.
- 00:11:42.920 --> 00:11:45.656
- So, it this misleading headline went
- 00:11:45.656 --> 00:11:49.026
- Probably three times
- 00:11:49.493 --> 00:11:50.461
- Around the world before
- 00:11:50.461 --> 00:11:51.395
- The truth had a chance to get its pants on.
- 00:11:51.395 --> 00:11:54.031
- And so the defense attorney or the prosecutor apparently.
- 00:11:54.031 --> 00:11:58.135
- Let me just pull up the exact quote,
- 00:11:58.135 --> 00:12:00.638
- Because it because it is it is important.
- 00:12:00.638 --> 00:12:03.641
- I want to make sure i get my my exact quote here, sir.
- 00:12:03.641 --> 00:12:07.011
- He apparently spoke to the press
- 00:12:07.011 --> 00:12:10.047
- And this would be chris ballard on the the prosecution's team
- 00:12:10.047 --> 00:12:14.652
- Said when a bullet fragment analysis comes back
- 00:12:14.652 --> 00:12:17.121
- Is inconclusive,
- 00:12:17.121 --> 00:12:18.255
- That means the fragment did not contain enough detail
- 00:12:18.255 --> 00:12:21.091
- For the examiner to say one way or the other.
- 00:12:21.091 --> 00:12:23.160
- We have ample evidence to demonstrate
- 00:12:23.160 --> 00:12:25.029
- Beyond a reasonable doubt that tyler
- 00:12:25.029 --> 00:12:26.497
- Robinson committed this murder.
- 00:12:26.497 --> 00:12:27.798
- And we will present some of that evidence
- 00:12:27.798 --> 00:12:29.567
- At the upcoming preliminary hearing.
- 00:12:29.567 --> 00:12:31.168
- And then we will present all that evidence at the trial
- 00:12:31.168 --> 00:12:33.971
- When you hear that quote directly.
- 00:12:33.971 --> 00:12:36.240
- So this is the quote in question
- 00:12:36.240 --> 00:12:37.708
- That they're saying that, that chris ballard
- 00:12:37.708 --> 00:12:40.578
- Should be held in contempt for making that statement
- 00:12:40.578 --> 00:12:42.847
- To the press when you see it in context,
- 00:12:42.847 --> 00:12:46.784
- Right, of what the media was doing,
- 00:12:46.784 --> 00:12:48.986
- The daily mail article specifically
- 00:12:48.986 --> 00:12:51.088
- That you came on the show the next day to, to rebut,
- 00:12:51.088 --> 00:12:55.292
- What do you do?
- 00:12:55.659 --> 00:12:56.527
- You feel like he broke that rule,
- 00:12:56.527 --> 00:12:58.762
- Or do you think he's well within his rights?
- 00:12:58.762 --> 00:13:01.498
- No. absolutely not.
- 00:13:01.498 --> 00:13:02.967
- And here's why.
- 00:13:02.967 --> 00:13:04.935
- The defense motion that said that they were unable
- 00:13:04.935 --> 00:13:08.439
- To identify that bullet
- 00:13:08.439 --> 00:13:09.807
- Matching the gun, and that they want to call the atf now
- 00:13:09.807 --> 00:13:13.477
- To present exculpatory meaning not guilty, didn't do it.
- 00:13:13.477 --> 00:13:17.514
- Not you can't prove this beyond a reasonable doubt
- 00:13:17.514 --> 00:13:19.984
- Because there is exculpatory evidence in this atf report.
- 00:13:19.984 --> 00:13:23.787
- That's what the defense motion said.
- 00:13:23.787 --> 00:13:25.956
- Like you said, that went around the world
- 00:13:25.956 --> 00:13:28.025
- Before the truth can put on its pants.
- 00:13:28.025 --> 00:13:30.160
- And so the under rule 3.6,
- 00:13:30.160 --> 00:13:32.329
- It was heavily cited by defense counsel today,
- 00:13:32.329 --> 00:13:35.132
- It allows the prosecution to go out and correct
- 00:13:35.132 --> 00:13:38.402
- The record when they have been materially prejudiced
- 00:13:38.402 --> 00:13:41.906
- By incorrect and misleading statements.
- 00:13:41.906 --> 00:13:44.541
- And he nailed the defense counsel.
- 00:13:44.541 --> 00:13:46.243
- He didn't say that it was their intent,
- 00:13:46.243 --> 00:13:48.379
- And he didn't blame the media for running with it.
- 00:13:48.379 --> 00:13:50.447
- Who wouldn't? right.
- 00:13:50.447 --> 00:13:51.448
- If you read that motion, you think, oh my god,
- 00:13:51.448 --> 00:13:53.784
- The bullet doesn't match the gun.
- 00:13:53.784 --> 00:13:55.319
- I knew what it meant
- 00:13:55.319 --> 00:13:56.153
- Because i've read
- 00:13:56.153 --> 00:13:57.321
- Hundreds of firearms and two mark reports from the atf,
- 00:13:57.321 --> 00:14:00.124
- But in the defense
- 00:14:00.124 --> 00:14:01.292
- Counsel knew what it meant to be in two smart by half,
- 00:14:01.292 --> 00:14:03.861
- And they were called on it today.
- 00:14:03.861 --> 00:14:05.996
- I don't think the judge is going to fall for this.
- 00:14:05.996 --> 00:14:08.565
- This is this is absurd to me.
- 00:14:08.565 --> 00:14:10.501
- Maybe he'll entertain some more motions.
- 00:14:10.501 --> 00:14:12.970
- But there is nothing
- 00:14:12.970 --> 00:14:14.571
- Contemptuous about correcting the record
- 00:14:14.571 --> 00:14:16.540
- When they've been materially prejudiced.
- 00:14:16.540 --> 00:14:18.208
- They being the state of utah.
- 00:14:18.208 --> 00:14:19.410
- Well, in in in.
- 00:14:19.410 --> 00:14:20.644
- Listen, i don't mean to to read too deeply into this, blake.
- 00:14:20.644 --> 00:14:23.280
- You're you're not an attorney,
- 00:14:23.280 --> 00:14:24.682
- But you sometimes play one on tv.
- 00:14:24.682 --> 00:14:26.550
- The the, but but but they're, they're motion that they made
- 00:14:26.550 --> 00:14:31.388
- That the daily mail extracted that headline for it left out
- 00:14:31.388 --> 00:14:35.326
- All of the other perspective.
- 00:14:35.326 --> 00:14:38.062
- Right.
- 00:14:38.062 --> 00:14:38.996
- And so that the person is just sitting there.
- 00:14:38.996 --> 00:14:41.598
- Meanwhile, like i said, the story's getting millions
- 00:14:41.598 --> 00:14:44.234
- And millions of engagement.
- 00:14:44.234 --> 00:14:45.369
- It's getting people are getting worked into a lather.
- 00:14:45.369 --> 00:14:48.205
- And the conspiracy rounds in this cottage industry,
- 00:14:48.205 --> 00:14:50.874
- That's been drummed up.
- 00:14:50.874 --> 00:14:51.842
- And so if we're talking about prejudicing a defendant
- 00:14:52.910 --> 00:14:55.646
- Or a jury or whatever, that's the prejudice that i'm saying.
- 00:14:55.646 --> 00:14:59.416
- So you almost are obligated, it seems to me to have to
- 00:14:59.416 --> 00:15:03.887
- Give something of the contrary, to give the other side of the
- 00:15:03.887 --> 00:15:08.425
- Coin, as it were, at that.
- 00:15:08.425 --> 00:15:10.394
- That's and i'm not a lawyer,
- 00:15:10.394 --> 00:15:11.729
- But that feels reasonable to me.
- 00:15:11.729 --> 00:15:14.064
- Well, and you're doing an excellent job.
- 00:15:14.064 --> 00:15:16.200
- It's showing that it's not that difficult.
- 00:15:16.200 --> 00:15:17.968
- Right. yeah.
- 00:15:17.968 --> 00:15:18.869
- But it the, the, the they have a duty.
- 00:15:18.869 --> 00:15:21.872
- The prosecution has a duty
- 00:15:21.872 --> 00:15:23.474
- To be zealous under the same rules, professional conduct.
- 00:15:23.474 --> 00:15:26.443
- And they have a duty
- 00:15:26.443 --> 00:15:28.145
- To collect the correct the public record.
- 00:15:28.145 --> 00:15:30.280
- Remember, they didn't comment
- 00:15:30.280 --> 00:15:31.849
- Until that atf report was unsealed and became public.
- 00:15:31.849 --> 00:15:35.819
- And, it was several weeks, if not well over a month,
- 00:15:35.819 --> 00:15:39.690
- That went by between that 12 months
- 00:15:39.690 --> 00:15:42.426
- Between that defense counsel's motion,
- 00:15:42.426 --> 00:15:44.461
- The reporting and when it be, you know, got corrected.
- 00:15:44.461 --> 00:15:47.598
- And we did that on your show and said exactly
- 00:15:47.598 --> 00:15:49.933
- What you and i talked about, it would say.
- 00:15:49.933 --> 00:15:51.869
- So this is part of their duty actually to correct the record
- 00:15:51.869 --> 00:15:54.838
- Because it is impacting their jury pool.
- 00:15:54.838 --> 00:15:56.774
- They don't.
- 00:15:56.774 --> 00:15:57.741
- And that's not zealous defense of your client,
- 00:15:57.741 --> 00:15:59.676
- Their client
- 00:15:59.676 --> 00:16:00.277
- Being the state of utah,
- 00:16:00.277 --> 00:16:01.211
- The laws of the state of utah,
- 00:16:01.211 --> 00:16:02.613
- And the people who reside there.
- 00:16:02.613 --> 00:16:04.348
- So, they did exactly what they're supposed to do today.
- 00:16:04.348 --> 00:16:07.217
- What happens if chris ballard is found in contempt?
- 00:16:07.217 --> 00:16:09.820
- What are the consequences and the ramifications?
- 00:16:09.820 --> 00:16:12.356
- I don't see a universe for that happens.
- 00:16:13.223 --> 00:16:14.858
- I do, i honestly, but what i will say is that,
- 00:16:14.858 --> 00:16:17.361
- I mean, he could he could be fined.
- 00:16:17.361 --> 00:16:19.596
- He could be told he can't do it again.
- 00:16:19.596 --> 00:16:21.165
- He could be reported to the bar.
- 00:16:21.165 --> 00:16:23.133
- He's not going to be removed from the case.
- 00:16:23.133 --> 00:16:25.002
- None of that's going to happen.
- 00:16:25.002 --> 00:16:26.370
- What ballard did was not contemptuous.
- 00:16:26.370 --> 00:16:28.572
- He's not a contender,
- 00:16:28.572 --> 00:16:30.074
- As a new word, that the defense like to say
- 00:16:30.074 --> 00:16:32.709
- Several times today,
- 00:16:32.709 --> 00:16:33.811
- As if they just write an appellate brief.
- 00:16:33.811 --> 00:16:35.879
- So it is to me,
- 00:16:35.879 --> 00:16:37.748
- I find it incredible that we're even there today.
- 00:16:37.748 --> 00:16:41.285
- Not to mention that they want to close
- 00:16:41.285 --> 00:16:42.920
- The entire preliminary hearing down.
- 00:16:42.920 --> 00:16:44.621
- So the media can't watch all this evidence against tyler
- 00:16:44.621 --> 00:16:47.391
- Robinson in which there is mounting.
- 00:16:47.391 --> 00:16:49.993
- And i'll suggest that
- 00:16:49.993 --> 00:16:51.361
- They can waiver prelim hearing anytime they want to.
- 00:16:51.361 --> 00:16:54.565
- They don't have to have it if they think it's
- 00:16:54.565 --> 00:16:56.333
- Going to prejudice their client client.
- 00:16:56.333 --> 00:16:58.435
- Instead, they want to keep a public trial,
- 00:16:58.435 --> 00:17:00.471
- Which is a constitutional right out of public view.
- 00:17:00.471 --> 00:17:03.574
- And that's an option.
- 00:17:04.074 --> 00:17:05.042
- The judge wasn't buying that either.
- 00:17:05.042 --> 00:17:06.810
- Jay, i have more questions for you.
- 00:17:06.810 --> 00:17:08.779
- And i want to get blake to weigh in here.
- 00:17:08.779 --> 00:17:10.314
- Can you stay one more segment real quick or.
- 00:17:10.314 --> 00:17:13.517
- Okay, hang tight right there, jay.
- 00:17:13.517 --> 00:17:15.152
- Well, we're.
- 00:17:15.152 --> 00:17:16.320
- I know your time is tight today.
- 00:17:16.320 --> 00:17:20.001
- I know your time is tight today.
- 00:17:20.001 --> 00:17:25.869
- All right.
- 00:17:26.169 --> 00:17:26.669
- More j down here.
- 00:17:26.669 --> 00:17:27.670
- J i mentioned i want to get blake in here
- 00:17:27.670 --> 00:17:31.074
- Because, you know, one of the pushbacks,
- 00:17:31.074 --> 00:17:33.409
- The last
- 00:17:33.409 --> 00:17:34.210
- Hearing from the defense was that
- 00:17:34.210 --> 00:17:35.778
- They hadn't got all the discovery.
- 00:17:35.778 --> 00:17:37.514
- Now they're saying that they've got
- 00:17:37.514 --> 00:17:39.015
- They've we've handed over all the discovery.
- 00:17:39.015 --> 00:17:40.717
- We've gotten additional discovery,
- 00:17:40.717 --> 00:17:42.519
- Including thousands
- 00:17:42.519 --> 00:17:43.820
- And thousands of files from ring cameras
- 00:17:43.820 --> 00:17:45.989
- And residential neighborhoods and stuff like that.
- 00:17:45.989 --> 00:17:47.891
- What?
- 00:17:47.891 --> 00:17:48.925
- How how much is that element of this discovery?
- 00:17:48.925 --> 00:17:51.661
- Is that going to play into this case?
- 00:17:51.661 --> 00:17:53.429
- Do you believe?
- 00:17:53.429 --> 00:17:55.632
- Yeah.
- 00:17:55.632 --> 00:17:56.733
- Well, and very quickly, before i answer your question,
- 00:17:56.733 --> 00:17:58.535
- I just want to say that the reach
- 00:17:58.535 --> 00:18:00.403
- Of this show and charlie kirk's legacy continues.
- 00:18:00.403 --> 00:18:03.907
- Well beyond charlie kirk's death.
- 00:18:03.907 --> 00:18:05.475
- My wife texted me during the break
- 00:18:05.475 --> 00:18:07.076
- Saying, she's actually watching me.
- 00:18:07.076 --> 00:18:08.478
- I didn't even tell her i was going to be on,
- 00:18:08.478 --> 00:18:10.013
- But that's that's just how, the my family loves you guys.
- 00:18:10.013 --> 00:18:13.783
- And loves what you're doing. love, charlie.
- 00:18:13.783 --> 00:18:15.685
- In the kirk family, and i'm i'm glad to be
- 00:18:15.685 --> 00:18:19.289
- Helping out with this story.
- 00:18:19.289 --> 00:18:20.557
- To answer your question, the next thing.
- 00:18:20.557 --> 00:18:22.892
- And she's beautiful. i love my wife.
- 00:18:22.892 --> 00:18:24.460
- What i can tell bless your wife is.
- 00:18:24.460 --> 00:18:27.063
- Yeah. is that, they're gonna.
- 00:18:27.063 --> 00:18:29.933
- The next complaint is going to be
- 00:18:29.933 --> 00:18:31.000
- There's too much discovery, right?
- 00:18:31.000 --> 00:18:32.802
- We can't possibly go through it all.
- 00:18:32.802 --> 00:18:34.237
- We need years and experts
- 00:18:34.237 --> 00:18:35.705
- And more money and, software to kind of parse through it.
- 00:18:35.705 --> 00:18:39.642
- And so that's going to be the next show.
- 00:18:39.642 --> 00:18:41.377
- Give us it all. well, now, you given us too much.
- 00:18:41.377 --> 00:18:43.446
- How could we possibly
- 00:18:43.446 --> 00:18:44.380
- Get through all of this before the prelim?
- 00:18:44.380 --> 00:18:45.882
- Let's extend that out another year,
- 00:18:45.882 --> 00:18:47.483
- Because we have all this video to watch
- 00:18:47.483 --> 00:18:49.052
- And we have to have an expert tell us is
- 00:18:49.052 --> 00:18:50.653
- What's wrong with his gait.
- 00:18:50.653 --> 00:18:52.488
- When he's walking with the gun down his pants, for instance.
- 00:18:52.488 --> 00:18:55.291
- And so those are those are all just defense tactics.
- 00:18:55.291 --> 00:18:58.628
- And i don't think the
- 00:18:58.628 --> 00:18:59.963
- I think the judge is tiring quickly of this defense team.
- 00:18:59.963 --> 00:19:03.266
- Yeah, i noticed that too.
- 00:19:03.266 --> 00:19:04.400
- Some of, in the clips you hear judge graf
- 00:19:04.400 --> 00:19:07.103
- Actually going, isn't that too broad? isn't that too far?
- 00:19:07.103 --> 00:19:09.639
- Like he does seem to be losing some pitch?
- 00:19:09.639 --> 00:19:12.542
- I don't know if you're seeing the same
- 00:19:12.542 --> 00:19:13.509
- Thing, blake, but that's what i just.
- 00:19:13.509 --> 00:19:15.511
- I just keep thinking
- 00:19:15.511 --> 00:19:16.479
- About the bigger picture thing that we've had,
- 00:19:16.479 --> 00:19:19.082
- What, a dozen hearings at this point.
- 00:19:19.082 --> 00:19:21.084
- By now,
- 00:19:21.084 --> 00:19:21.951
- All these back and forth motions,
- 00:19:21.951 --> 00:19:23.286
- They want to push back this hearing.
- 00:19:23.286 --> 00:19:24.387
- We literally
- 00:19:24.387 --> 00:19:25.555
- We haven't entered a plea so far, to my understanding.
- 00:19:25.555 --> 00:19:28.992
- I'm looking at the timeline of other famous trials
- 00:19:28.992 --> 00:19:31.361
- In the o.j. simpson case.
- 00:19:31.361 --> 00:19:33.229
- He was arraigned and pleaded not guilty eight days
- 00:19:33.229 --> 00:19:36.599
- After the murder.
- 00:19:36.599 --> 00:19:38.067
- And like if you still on up to this.
- 00:19:38.067 --> 00:19:39.469
- Yeah. and here we still have no plea.
- 00:19:39.469 --> 00:19:41.304
- What what do you read into that judge?
- 00:19:41.304 --> 00:19:42.672
- I guess
- 00:19:42.672 --> 00:19:43.840
- My bigger picture question that i'd like to answer is,
- 00:19:43.840 --> 00:19:45.475
- Is this a is this quirks of utah law?
- 00:19:45.475 --> 00:19:47.677
- Is this quirks of modern capital case law?
- 00:19:47.677 --> 00:19:50.713
- Is all of this normal?
- 00:19:50.713 --> 00:19:52.782
- And we just normally don't see it
- 00:19:52.782 --> 00:19:53.983
- Because cases aren't this high profile?
- 00:19:53.983 --> 00:19:55.585
- Or is this case truly unusual?
- 00:19:55.585 --> 00:19:57.754
- Great question. yeah.
- 00:19:57.754 --> 00:19:59.188
- So i will say for capital litigation
- 00:19:59.188 --> 00:20:01.991
- The judge is going to entertain it.
- 00:20:01.991 --> 00:20:03.793
- He's not going to throw papers
- 00:20:03.793 --> 00:20:05.495
- In the air and his hands in the air,
- 00:20:05.495 --> 00:20:07.130
- Because they've all conceded in their minds at this moment,
- 00:20:07.130 --> 00:20:11.734
- I guarantee you that tyler robertson will be found guilty.
- 00:20:11.734 --> 00:20:15.438
- And that, he will be sentenced to death.
- 00:20:15.438 --> 00:20:19.108
- And that's why they are peppering the record
- 00:20:19.108 --> 00:20:21.044
- With all these little tiny issues about contempt or,
- 00:20:21.044 --> 00:20:24.347
- You know, open courtrooms in the media and where
- 00:20:24.347 --> 00:20:27.183
- We've gotten too much discovery and you're rushing us.
- 00:20:27.183 --> 00:20:30.019
- Those are just things that appellate courts
- 00:20:30.019 --> 00:20:31.654
- Will review,
- 00:20:31.654 --> 00:20:32.588
- And determine if a fifth amendment
- 00:20:32.588 --> 00:20:34.424
- Right was violated because of that speed.
- 00:20:34.424 --> 00:20:36.559
- That's why the judges being so deliberate in this case.
- 00:20:36.559 --> 00:20:39.162
- Yeah.
- 00:20:39.162 --> 00:20:40.363
- So that i mean, that's that's been my read as well, jay.
- 00:20:40.363 --> 00:20:42.165
- It is it feels like the judge is aware
- 00:20:42.165 --> 00:20:45.034
- Of the strategy here to pepper the record.
- 00:20:45.034 --> 00:20:48.171
- Try and get something that it make him make a mistake,
- 00:20:48.171 --> 00:20:52.275
- So that it can be reviewed on appeal
- 00:20:52.275 --> 00:20:54.243
- Or overturned or re litigated in some way, shape or form
- 00:20:54.243 --> 00:20:56.979
- Or fashion in the future.
- 00:20:56.979 --> 00:20:58.348
- It feels like, though judge graf is on to this, and he's
- 00:20:58.348 --> 00:21:01.250
- Playing this very deliberately, very fairly on purpose.
- 00:21:01.250 --> 00:21:04.687
- I have one other question here for you.
- 00:21:04.687 --> 00:21:06.923
- So, you know, the the the issue of was
- 00:21:06.923 --> 00:21:10.493
- Tyler robinson radicalized by outsiders?
- 00:21:10.493 --> 00:21:13.262
- Did other people know it?
- 00:21:13.262 --> 00:21:14.864
- You know,
- 00:21:14.864 --> 00:21:16.099
- I believe that those investigations
- 00:21:16.099 --> 00:21:17.567
- Are still ongoing technically by the fbi.
- 00:21:17.567 --> 00:21:19.702
- I would love more intel on it, candidly, but
- 00:21:19.702 --> 00:21:22.438
- Do you believe that that plays any role?
- 00:21:22.438 --> 00:21:24.974
- In the prosecution of tyler robinson specifically?
- 00:21:24.974 --> 00:21:28.244
- Right.
- 00:21:28.244 --> 00:21:28.544
- So we
- 00:21:28.544 --> 00:21:29.379
- We know we have a mountain of evidence
- 00:21:29.379 --> 00:21:30.913
- That suggests that he was the individual
- 00:21:30.913 --> 00:21:32.849
- That pulled the trigger.
- 00:21:32.849 --> 00:21:33.916
- He's, you know, confessions pulled
- 00:21:33.916 --> 00:21:35.618
- In, you know, brought in by family members,
- 00:21:35.618 --> 00:21:37.520
- All of these things dna, the bullets, the gun.
- 00:21:37.520 --> 00:21:41.224
- But if there's other people involved, how does that impact?
- 00:21:41.224 --> 00:21:44.193
- Because i do believe that's still an open question.
- 00:21:44.193 --> 00:21:45.995
- That's fair to ask.
- 00:21:45.995 --> 00:21:47.196
- But how does that impact, what goes on with tyler robinson?
- 00:21:47.196 --> 00:21:49.665
- Yeah, the only way it would i mean,
- 00:21:50.466 --> 00:21:51.768
- So it doesn't impact his guilt at all.
- 00:21:51.768 --> 00:21:53.836
- It i mean, if there was 20 coconspirators
- 00:21:53.836 --> 00:21:57.440
- And we didn't know who they were, and tyler robinson
- 00:21:57.440 --> 00:22:00.777
- Is still going to trial for the death of charlie kirk.
- 00:22:00.777 --> 00:22:03.746
- And he's still facing the death penalty.
- 00:22:03.746 --> 00:22:05.748
- So it doesn't change any of the evidence
- 00:22:05.748 --> 00:22:07.216
- Or the proofs against him.
- 00:22:07.216 --> 00:22:08.451
- The only thing that if there was such a thing,
- 00:22:08.451 --> 00:22:11.154
- And he knew about them, you know,
- 00:22:11.154 --> 00:22:14.123
- The state could cut a deal with him
- 00:22:14.123 --> 00:22:16.492
- To get more information about those individuals
- 00:22:16.492 --> 00:22:18.828
- That that's the only sort of value
- 00:22:18.828 --> 00:22:21.164
- To charlie kirk that could, sort of minimize
- 00:22:21.164 --> 00:22:24.000
- The exposure to his sentence, but otherwise it doesn't.
- 00:22:24.000 --> 00:22:27.003
- It's not exculpatory.
- 00:22:27.003 --> 00:22:28.337
- If anything,
- 00:22:28.337 --> 00:22:29.405
- If there's coconspirators, it's just more evidence
- 00:22:29.405 --> 00:22:32.041
- Of the crime itself and the premeditation.
- 00:22:32.041 --> 00:22:34.744
- That's right. that's not helpful to him.
- 00:22:34.744 --> 00:22:36.779
- If he's going to suggest, as they have continued to do,
- 00:22:36.779 --> 00:22:39.382
- That, he's not guilty, i would suggest to you
- 00:22:39.382 --> 00:22:41.384
- That the evidence is i've i've proven cases beyond
- 00:22:41.384 --> 00:22:44.253
- A reasonable doubt, with way less evident
- 00:22:44.253 --> 00:22:47.356
- Than what the state of utah has against tyler robinson.
- 00:22:47.356 --> 00:22:50.026
- Yeah.
- 00:22:50.026 --> 00:22:51.093
- And in some ways, when you talk about discovery
- 00:22:51.093 --> 00:22:52.395
- And just how much there is, it's kind of like
- 00:22:52.395 --> 00:22:54.964
- It's all sort of the context.
- 00:22:55.598 --> 00:22:58.000
- The underlying context
- 00:22:58.000 --> 00:22:58.968
- Is just this mountain of evidence
- 00:22:58.968 --> 00:23:00.536
- That's going to be very
- 00:23:00.536 --> 00:23:01.537
- Difficult for the defense to argue against.
- 00:23:01.537 --> 00:23:04.273
- Yeah, georgetown.
- 00:23:04.273 --> 00:23:05.308
- Thank you so much. yeah, yeah.
- 00:23:05.308 --> 00:23:07.243
- Final 10s where can people follow you, jay, as you're
- 00:23:07.243 --> 00:23:09.745
- Doing analysis on this and other other cases
- 00:23:09.745 --> 00:23:12.915
- That you can find me at georgetown, alabama on x.
- 00:23:12.915 --> 00:23:16.118
- And thanks for having me on, guys.
- 00:23:16.118 --> 00:23:17.420
- God bless you. yeah. god bless you, too.
- 00:23:17.420 --> 00:23:19.188
- Thank you for, being willing to jump on.
- 00:23:19.188 --> 00:23:21.190
- I know you had a busy morning, jay. so thank you so much.
- 00:23:21.190 --> 00:23:21.190