00:04:02.760just a refresher the weapon was a vintage mauser model 98 bolt action rifle okay and it was his
00:04:10.880grandfather's rifle with no serial number okay so way to slip through the cracks a little bit so
00:04:16.960again they you know gun grabbers would be uh cracked down on that as well so so i i definitely
00:04:24.000believe that will be a push okay uh we do have attorney on the line right now sam mirajovsky
00:04:29.780on Zoom with us. He's a partner at Sam and Ash LLP. Sam, do you got me? I do. I sure do. Sam,
00:04:36.560we don't have a ton of time left, just short of five minutes, but tell me just from a legal
00:04:40.140perspective, what you've seen thus far, just your general observations of how the court proceedings
00:04:45.060have gone, the objectivity of the judge, how you've seen him dismiss and overrule a lot of
00:04:51.640the defense's objections. Just give us kind of your legal assessment thus far. Yeah, just real
00:04:57.520quick you know the judge is i think doing everything correctly here i i mean he's playing
00:05:02.340it by the book you know one of the one of the big issues here is and it's a preliminary hearing right
00:05:07.680this is probable cause uh you know this very very low threshold and uh you know there's all this
00:05:14.300evidence and the defense is trying to say that there's you know a lot of it's hearsay that it's
00:05:18.660secondhand evidence and the fact of the matter is that that utah something that's you know peculiar
00:05:24.860to Utah's system, they have a very broad allowance in these preliminary hearings for this hearsay
00:05:30.180evidence. So things like, you know, what information, for example, that was told to two officers who
00:05:36.400then put that information into the police report. And the judge was letting it, for the most part,
00:05:41.760letting it in. And that seems to me to be absolutely appropriate, you know, at this stage.
00:05:47.740So what I'm seeing is all basically normal and par for the course.
00:05:53.040Well, let me ask you this. In reading this NBC News article, I know they didn't have Twiggs testify today, but it says prosecutors moved to quash the subpoena for Twiggs saying they intended to use a recorded interview in which Twiggs is alleged to have told investigators that Robinson confessed to the crime, concealed the weapon, disposed of clothing and told Twiggs not to contact law enforcement.
00:06:14.940If that gets in, what else do you need to see? I mean, I'm just, you know, I know that trials are bigger than that. But if that piece is admitted, what I mean, what case does the defense have?
00:06:27.600Well, they don't have much of a case. And remember, it establishes two things, right? First of all, it establishes the intent element. And it also helps, I think, bolster the case for aggravated murder, which here is predicated on endangering lives at the event, but also the political element.
00:06:53.780So, you know, to me, this this is a very crucial piece of evidence.
00:06:58.620I do not envision a universe in which it doesn't get in.
00:07:02.040And remember, two tweets can can be called into court later to testify and can be questioned against this document and against this recording.
00:07:11.740So, you know, I think it's going to get in.
00:07:14.580Do you think we see, as Kevin and I were discussing earlier, a shorter than five day period of this preliminary trial to move to a jury trial?
00:07:22.940Or do we think we see all five days of it?
00:07:26.160Well, it's tough to tell right now. I mean, they're getting through it pretty fast clip.
00:07:30.660And again, I mean, the likelihood it could go to it could go.
00:07:35.860There's an enormous amount of evidence. So, you know, I could see perhaps all five days.
00:07:41.460But nobody should interpret this being lengthy to mean that in any way case – any way that the prosecution's case is weak, right?
00:07:52.720There's a perception sometimes, oh, it's going long.
00:07:55.160It means the defense really has something.
00:07:58.060No, there's just a lot of evidence here.
00:08:00.340And the judge wants to go through it thoroughly.
00:08:03.020And the reason for that is the judge – a good judge doesn't want any appealable issues.
00:08:09.680And so going through it thoroughly, giving the defense their day in court, allowing every argument to be made while it's frustrating sometimes for us to watch helps, you know, helps shore this up and prevent any of it being tossed down the road.
00:08:24.680Sam, we only have just short of a minute. I just want to, as I asked Benny and Kevin earlier, any observations on the demeanor of Tyler Robinson that you've seen?
00:08:32.980We've seen him seem like ice is pouring through his veins.
00:27:36.980Yeah. Well, it's very interesting. Go ahead. Yeah, Kevin, please.
00:27:43.220Sure. So, yeah, if we look back around, you know, the week or so after Charlie was killed,
00:27:49.520so many people were just honestly laughing about it. And, you know, and in good, good,
00:27:57.180in a good way, we doubled back and got a lot of people, you know, put on blast for that. But I
00:28:03.680think the mainstream media is going to try and do here is that they're just going to make it about
00:28:07.900the second amendment right or they're going to downplay the whole uh communist uh angle of it
00:28:16.060you know this that is on the left okay ideally ideally i'm saying um but you know they're going
00:28:24.580to downplay the furry relationship and oh like he was just a college student you know they're
00:28:29.740They're really going to try and downplay that, but also make it about the Second Amendment and, you know, all those just totally, totally hideous statements that were made against Charlie blatantly after after the shooting.
00:28:43.500So I wouldn't be surprised if some, you know, left wing major major news sources would would take that angle.
00:32:34.420And it's amazing that there is press access to this.
00:32:37.180And, of course, no one has their phone in there.
00:32:38.820And I understand understandably why that would happen.
00:32:41.220But, Benny, you know, Kevin mentioned the fact that there's a lot of young people.
00:32:44.900There's a lot of youth, as well there should be, because Charlie's audience, Turning Point USA,
00:32:49.860his whole directive was really aimed at people largely under 30 and 40 years old,
00:32:53.980people who are in high school, people who are in college.
00:32:55.980All these Turning Point USA events have been geared towards engaging the youth.
00:32:59.760And so in my mind, you know, America is watching, the world is watching, but young people are watching and should be watching because this is a great example of how speech was throttled.
00:33:11.040The very thing that Charlie Kirk represented that he stood for, which was having a civil discourse changed my mind.
00:33:17.820Let's have a conversation, not a monologue.
00:33:20.000I think that's something that needs to stay in the focal point as we watch the trial of this.
00:33:24.980I'm going to say alleged assassin, but I think we know all how we feel about it.
00:33:28.140But just from your vantage point, Benny, as as as a young woman, also a young journalist, don't you think that all people that are whether you whether you like Charlie Kirk, dislike Charlie Kirk, you should be paying attention to right now because the future of speech kind of hinges in many ways upon this trial?
00:33:45.900No, absolutely, Bo. And one of the things before we went live, I was looking at all the different live streams that were happening from court TV to the mainstream media, all of them.
00:33:54.920I mean, each one of those had, I mean, the one I was watching had 15,000 people just on that one stream watching this. So just imagine with all the different sources now with, you know, it being open to press, just imagine how many people's eyes are on this right now.
00:34:11.220And yes, it is summer break, so kids aren't at school, but I think that so many people are watching this. And the amount of people that I have talked to, Beau, specifically after I was suspended from my previous job and because of making a tribute to Charlie, so many young people reached out to me and said, I didn't know who Charlie was, but now I do.
00:34:31.360And now I'm finally following his work and I'm watching all his videos.
00:34:35.120And so I think the amount of transparency that's going to come out of this trial because of the amazing judge so far who is allowing those cameras in the courtroom.
00:34:44.240I think this is this is how Charlie would want it.
00:34:46.840And obviously, this is an awful situation.
00:34:49.200None of us want to be in this right now.
00:34:51.080But this I feel like if Charlie was alive, this is exactly how he would want it.
00:34:55.260It's full of transparency and the people are going to get to judge.
00:35:00.380And Kevin, I want to come back to you for a moment, too.
00:35:02.840One of the storylines I was following, too, as we prepped for the show, is that with the defense continuing to object to evidence,
00:35:10.520it does seem that the judge has given sort of a provision to attorneys because the way the cameras are,
00:35:16.400that as evidence is presented, even though we can't see it from the camera side,
00:35:21.480that their monitors that are in front of the attorneys can be seen.
00:35:24.860And to be mindful of that, I suppose, because there are certain things that our cameras
00:35:29.020or those that are in the courtroom would be able to capture because you can see what's on someone's
00:35:33.080screen. Have you been following that as well? Because that's something I kind of noticed that
00:35:36.240was happening that the judge was saying. Well, it's it's an interesting technicality. I was
00:35:43.860watching in particular the the attorneys and the teams up front, as we can all see on the live
00:35:49.700stream, that they have laptops which have cameras on them, but the media can't have cell phones or
00:35:56.180cameras and the live stream is can only show the backs of their heads and not the side angle or
00:36:01.940any facial inflections that may uh occur uh you know but and then it is allowed on the side wall
00:36:09.260so it's interesting how that will play out um but but yeah that's that's a also um one of the
00:36:17.240striking things that the judge has allowed is for that as well um but you know so far like i said
00:36:25.140We're talking, you know, they're going over the maps of the campus layout, where the buildings were, where Tyler Robinson was on the Loci building roof.
00:36:36.660We were fortunate enough to have a short tour of about an hour or so of the campus when we arrived yesterday.
00:36:43.100So it was great to really pay our respects and appreciate the scene and also get an idea of the logistics of the path Tyler Robinson would have taken upon entrance and exit.
00:36:58.620So, yeah, the side monitors will be helpful because there is just so much evidence coming out and so much being presented by the prosecution.
00:37:10.320And that's what this is this week. And so it will be helpful.
00:37:14.940I mean, we're all on our screens these days, but just because of the sheer volume of information being presented,
00:37:21.440I think it's I think it's definitely advantageous to have.
00:37:26.260Kevin, we know we've got the confession to the roommate, but what what do you think?
00:37:31.680And what what and if you can get into Jack said, too, because I know you guys talk about it all the time.
00:37:35.200But what will be, do you think, the most compelling pieces of evidence that will be presented in this preliminary hearing that will be the most compelling, the most damning, the most critical to the state's case?
00:37:47.160What do you see as the things that really need to make it in in order for this to be a slam dunk case?
00:37:59.360OK, that is one of the most damning and also the confession, the text.
00:38:04.600We have that as well. Those will be pretty substantial, but also as we were there yesterday, there's a security camera on the corner of one of the top buildings where we've seen already when Tyler, after he takes the shot, jumps off.
00:38:23.240He kind of scurries off the edge of the building there and basically falls on the grass.
00:38:27.620so that camera is still there so what we're hoping to see delivered is the footage before that of him
00:38:35.480on that roof and maybe even taking the shot itself and that would certainly be a conviction
00:38:43.520that is almost undeniable at that point so that's one thing that we're we're looking to see be
00:38:50.380presented for the prosecution. Um, and as it looks now, the defense will probably even try
00:38:57.340and deny that somehow. But, um, those, those two, those, those few points, yeah, for sure,
00:39:02.980for sure will be fought after. Yeah. And you know, Benny, every, every criminal defendant in this
00:39:10.800country has a right to a fair trial. We know that, but when you consider the fact that of,
00:39:16.000of what the evidence seems to point to, which of course is that this man murdered Charlie Kirk in
00:39:20.700cold blood. He's entitled to his defense. Maybe the defense is just doing the job that they're
00:39:26.400set out to do. I often wonder how an attorney could defend someone like this. I mean, I know
00:39:31.820it's their job, but at the same time, from a moral standpoint, it seems very, very difficult.
00:39:37.040As you looked at the trial this far, and I've only caught bits and pieces of it, are you noticing
00:39:40.700any body language from Tyler Robinson? Are you seeing anything that would indicate remorse,
00:39:45.120guilt. I did. I felt like I saw him with a pen in his hand. Anything that you're noticing thus far
00:39:50.200that sticks out to you? No, he honestly seems just very calm, which, you know, is kind of
00:39:57.160surprising to me when when there are, you know, some of the evidence that the prosecution has
00:40:02.180is text messages to his partner, who hopefully we are going to get to hear from. And these text
00:40:08.000messages say, I took out Charlie Kirk. So when you have something like that and you're just sitting
00:40:13.460there, plain faced, in the courtroom, taking notes, you know, at that point, you know what
00:40:18.040you did. And so I don't know that we're going to see a lot of him. I remember the one picture
00:40:24.520that was released or the one video and the defense, you know, threw a fit. But to the point
00:40:29.260that Kevin was talking about, about the defense constantly, that they keep, you know, objecting
00:40:35.500to every single thing. I think they realize that's what they have to do. They have to make
00:40:40.480some sort of case and obviously with the evidence that is going to be shown they know they don't
00:40:46.200really have a great defense and so they're going to continue to object you know you know you watch
00:40:50.480the movies you watch all the things that's what they do they try to throw the prosecution off the
00:40:54.520game in my opinion and I think that is they're going to continue to do that um and and it's
00:40:59.600going to get a little annoying I mean they were literally objecting to every single thing objecting
00:41:04.180that the pictures were not taken in the right time frame. And the prosecution used a Supreme
00:41:10.980Court decision to say, listen, you know, we have grounds for this. And the judge is saying,
00:41:16.240continue. So it's going to be really, really interesting to see what the defense draws up.
00:41:20.680Yeah. And again, I'm trying to put myself in the shoes of Erica Kirk and having to relive this
00:41:25.320earlier on the morning show as we were seeing some of the developments and knowing that this
00:41:30.560was coming, just trying to imagine, you know, having to relive your husband's death, you
00:41:36.380know, in this way, but, but with, with the optimism of justice being served, you know,
00:41:41.260in the, in the cold open, we saw justice for Charlie. So Kevin, you know, ultimately I
00:41:46.620suppose, and I'm asking you to look through the crystal ball here a bit, but do you think
00:41:50.240justice will be served? Do you think that the prosecution, that they have the evidence
00:41:54.340that they need, that this will go to trial, that everything will kind of tie up neatly
00:41:58.720as it should be. I'm, you know, as I said, they're talking with Benny about Tyler Robinson and how
00:42:03.160his demeanor, I think back even to OJ Simpson, the sort of cocky swagger that he had, you know,
00:42:08.780which was annoying to a lot of us that how could you do this? How could you sit there in court like
00:42:12.840this, knowing that you killed your wife and your, uh, and her friend? I mean, and of course we know
00:42:18.960he was, he was acquitted in the, in the criminal trial, but of course, uh, convicted in the civil
00:42:23.140trial. So do you ultimately believe in your heart of hearts, Kevin, that justice will prevail
00:42:28.100in this trial I mean I certainly I certainly believe so that justice will
00:42:36.020and it should it should and will be be served there's there's just an
00:42:41.720overwhelming amount there was talk that maybe you know the judge he controls the
00:42:46.520pace of this he could very well say okay guys we have enough evidence today and
00:42:51.140you know so there's a chance that could only take a day or two and it's
00:42:55.660projected to be this whole week until friday but i mean it's been you know almost a year since
00:43:02.060charlie got shot and it's been all over the internet okay and we live in a day and age where
00:43:07.900there is so much digital footage everybody has a camera these days so i originally thought and it
00:43:16.140still might come true that it could only take a few days here so but of course it would have to
00:43:22.460to go to trial again this is just a preliminary hearing so we won't see any verdict given um and
00:43:29.360i was interested even this morning to see like if i could get a shot of tyler robinson coming in and
00:43:34.640you know in shackles or in an orange jumpsuit being perp walked but yeah that's actually um
00:43:40.160uh not as common in utah there's a there's a shackle law it's called where that is potentially
00:44:16.180such a relationship with lance twigs like this guy he's uh he's probably got a couple bolts uh
00:44:23.320loose a couple screws loose up there if you know what i mean so it's at the same time it's kind of
00:44:28.720not surprising to me from like a psychological standpoint like this guy's kind of off okay but
00:44:34.380um i it's it's it's yeah it's a shame to see especially because like he's he's visible in
00:44:42.760the live stream too you could see right yeah yeah in the shot he just seems like he's like yeah like
00:44:47.680it's like it's just like like blood like ice running through his veins but maybe that's exactly
00:44:52.460the type of ice that was running through his veins when he allegedly shot charlie which you know is
00:44:57.520that which begs there's 50 more questions behind that i do want to put a pen in it right here and
00:45:01.720let's hold this thought so we can take a quick break but kevin you brought up an interesting
00:45:04.680point about the fact that this is a five-day preliminary trial but it may not even take all
00:45:08.880five days if the judge is satisfied with the evidence that is presented. So let's hold it
00:45:12.960right there. Guys, let's buckle up because it is going to be a heck of a five days. But let's keep
00:45:17.980it right there. We'll be right back after a break. Never, ever stop fighting no matter what.
00:45:25.780We will achieve American greatness. We are just getting started.
00:45:38.880A critical hearing begins today for the man accused of assassinating conservative activist Charlie Kirk during a Turning Point USA rally last September.
00:45:51.160Prosecutors will try to convince a judge there is enough evidence for Tyler Robinson to go to trial for murder and to face the death penalty.
00:45:58.720The five-day hearing will look like a mini-trial, with prosecutors planning to share DNA evidence that allegedly links Robinson to the suspected murder weapon found at the scene, testimony from investigators, and autopsy findings.
00:46:12.400Erica Kirk and Charlie Kirk's family release a joint statement ahead of the preliminary hearing today in UT's statement on behalf of Charlie Kirk's immediate family, his parents Robert and Catherine, his wife Erica, and his sister Mary.
00:49:01.880He believed strongly that we could solve a lot of our differences with just a good old-fashioned conversation.
00:49:08.940He was shot for speaking the truth. He was shot for speaking his mind.
00:49:13.140He was shot for defending the Constitution.
00:49:14.860He didn't hate people. He didn't even hate liberals. He just hated intolerance.
00:49:19.760He was fighting, not just for his own young children, but for all of our children.
00:49:25.280Never, ever stop fighting, no matter what.
00:49:30.140We will achieve American greatness. We are just getting started.
00:49:44.860Welcome to Human Events Daily. I'm Beau Davidson filling in for Jack Posobiec. Jack is actually in Provo, Utah, within that courtroom that you've been seeing thus far all day long.
00:49:55.080This is, of course, the trial, preliminary trial of Tyler Robinson, the alleged assassin of Charlie Kirk.
00:50:01.140We just kind of want to set the scene for you and kind of lay out the land of what's happening today on day one.
00:50:06.160A lot of evidence being presented by the prosecution, by the state. And we've got some folks on the ground, including Kevin Posobiec is in our Utah studios.
00:50:13.300We've got Benny Harmony as well. And hopefully we'll have Jack Posobiec as well. Jack has been
00:50:17.400on the inside of that courtroom, but phones are not allowed. So he's unable to communicate
00:50:21.380with anyone. And so hopefully we will have him shortly. But in the interim, we do want to bring
00:50:25.860in Benny Harmony and Kevin Posobiec. Benny, just want to kind of get your initial thoughts
00:50:30.440to what's happened thus far. We've been seeing a lot of kind of procedural things of the state
00:50:35.100presenting evidence. I just want to get your thoughts initially on that before we go to Kevin.
00:50:38.840Yeah, well, I started watching this right when it started this morning. And my first initial reaction was how detailed they are being and how specific they are being. I think the prosecution knows that they cannot, nothing can go wrong in this trial if they want to really take this to trial. This is the pretrial before hopefully this will go to jury.
00:51:00.000So I think that every every single detail is so important today.
00:51:04.040The prosecution laying that out detail by detail, not missing anything.
00:51:08.380So so far, I think it's been, you know, very, very information worthy.
00:51:12.840And and having that that law enforcement up on the stand just, you know, before they went to break.
00:51:20.920I think his testimony and those testimonies of those there are just going to be huge.
00:51:25.980Yeah, and Kevin, I know that you're in our Utah studios, Provo, Utah.
00:51:29.560I know it quite well because it's the home of Angel Studios, I believe, whom we work with so often.
00:51:35.160Kevin, kind of give us your opinions on what you've seen thus far,
00:51:39.380because my understanding is that the defense has kept trying to object to a bunch of evidence,
00:51:45.580and the story thus far seems to be that the judge is overruling that every time they object.