00:00:57.280And my initial thoughts just in watching that video is a compliant person, someone who seems to be very forthright, very truthful, doesn't seem like he's hiding anything for all that all the conspiracies that have been around Lance Swiggs.
00:01:10.300Who is he? Is he transitioning this and that? That aside, what I see is a compliant witness. How do you see it?
00:01:16.640No, he seems like a very stable minded person and just watching him cooperate with law enforcement and not hold anything back.
00:01:22.760He didn't look nervous, didn't look scared. He looked like he was just being forthright with
00:01:26.780the information that he had. And, you know, I think there's been a lot of questions surrounding
00:01:30.540this Lance Twiggs guy. You know, he's this transgender. He's, you know, he's mentally
00:01:34.400this and mentally that. But even the text messages that were shown between him and Robinson,
00:01:40.540you know, Twiggs seems like more of the normal one, if I have to say so myself. So, I mean,
00:01:46.260this, I have really no words at this exact moment. I mean, today is huge, Beau.
00:01:50.600Yeah, and one key piece of evidence or admission in that video exchange is Tyler Robinson asking for a Dremel, which I had never really heard of before, but it's a tool that's used to engrave bullets.
00:02:04.660And Tyler said it's for an upcoming camping and hunting trip.
00:02:17.140You know, Benny, if we're able to later in the show with some of our guests, I'd love to get into some of the Reddit and Discord culture that is really being talked about right now.
00:02:25.340Because I believe that is a breeding ground for where some of this radicalization could have occurred.
00:02:29.460But as you just said, it almost makes Lance Twiggs seem the more rational one of the two, all things considered.
00:02:37.880Well, you know, Lance Twiggs even said that, you know, he doesn't really follow politics and he doesn't really talk about politics and any of these things.
00:02:45.400And then, you know, he says that Robinson never mentioned Charlie Kirk, but mentioned Donald Trump a lot.
00:02:52.640And so, I mean, Twix just seems like he was almost like, what are you doing?
00:02:58.300I mean, these text messages are so incriminating, Beau.
00:03:01.020I mean, he said he left early in the morning.
00:03:03.240The engraving of the bullets, frequently talking about the president.
00:03:07.340And so Robinson just seemed very obsessed, if I have to say so myself.
00:03:11.020Yeah, and if you look at the compendium of the evidence, and of course, we've seen the movements of Tyler Robinson, which, by the way, I do want to clue you in that Kevin Posobiec, we're putting together this montage of footage that you're going to see later on tonight where Kevin walks the steps of Tyler Robinson through the UVU campus.
00:03:28.560That's an exclusive that we'll be giving to you later tonight.
00:06:59.980Okay. So, well, Benny, let's just, if we have some guests later, that would be great. But I do
00:07:04.160want to kind of recap how we got to where we are right now, because there was a very, very lengthy
00:07:08.480debate yesterday about whether the video statement from Lance Twiggs would be admitted. And it was,
00:07:13.620just so people understand, it was admitted to the court, meaning to Judge Graff there,
00:07:17.140in full, unredacted, completely unedited version is in front of the court for him to make the
00:07:23.340eventual determination about probable cause. However, due to some of the defense's objections,
00:07:28.920a heavily redacted version, the one that we just saw just under an hour ago,
00:07:32.520was presented both in the court and to the public.
00:07:35.160And so Judge Graff, you know, it's a redacted version,
00:07:38.420but you have this motion, Benny, from Erica Kirk that was filed and her personal attorney.
00:07:43.760And she wants all exhibits to be made public because they've waited 10 months for this trial
00:07:48.420and she wants everything to be put out there.
00:07:50.680She wants to see, her attorney said, we want to see everything that you see, Judge Graff.
00:07:55.420And so what Judge Graff said, and I think this is important because this is how our legal system works, that there are three tiers that Judge Graff has to consider in terms of consumption.
00:08:05.860One is for the court itself, and when I say court, I mean Judge Graff himself, to make his determination.
00:08:10.940Then you have two, the gallery in the courtroom, which is why we're not hearing some of the testimony right now.
00:08:15.380And number three is the public at large and the live stream.
00:08:18.500So those are the three tiers that Judge Graff talks about in making his rulings.
00:08:22.520And as we're seeing now, some of that evidence is being presented only to himself, the unredacted version.
00:08:28.060Some of it, okay, okay, one second, let me just finish the thought.
00:08:31.080The second tier is for the courtroom itself, and the third is for us to view.
00:08:34.360It sounds like we're able to get some more testimony now, so let's take a listen in.
00:08:37.9005.1 to be admitted into evidence for full consideration by this court, and so that is received.
00:08:44.380As it relates to publication and taking in consideration the arguments by Mr. Novak,
00:08:54.260first noting the standing objections by defense that is overruled as it relates to the admission to 5.1.
00:09:04.460But going to the publication, the court understands the argument made by defense that this is going toward perhaps religion and that the enhancement, and let me just read that from the information, victim targeting enhancement in violation of the Utah Code annotated 76-3-203.14 sub 2.
00:09:30.040Tyler James Robinson intentionally selected Charlie Kirk because Tyler James Robinson's belief or perception regarding Charlie Kirk's political expression.
00:09:41.580And that was also noted as an enhancement for count two and count seven.
00:09:54.580The court is not going to engage. The court can weigh how this is applied.
00:10:00.040but it finds it relevant whether how it relates to the enhancement is for the court to weigh as
00:10:08.560it looks at the bind over decision and it's not engaging in that decision making today
00:10:13.940but finds that it is relevant it is admissible to the court and is publishable to the gallery
00:10:20.620as well as to the public and so if the state wishes to publish state's exhibit 5.1 it may
00:10:29.880do so at this time. Thank you. Yes, we do.
00:10:37.460Agent Davis, I apologize. I'm going to take you very
00:10:40.000briefly back to State's Exhibit 16.1, which is the text thread between
00:10:44.280Mr. Robinson and Mr. Twiggs. Kimberly,
00:16:20.880what they were trying to keep out of the court
00:16:22.600was the mission statement of Turning Point, right, so that there would be no possible prejudice to
00:16:29.180the incoming jury that the motive formulated through Charlie Kirk's life's purpose as the
00:16:37.180head of Turning Point couldn't be established. I mean, these arguments, well, all that they show
00:16:43.060us, Beau, and I think this is obvious, I heard you guys talking, I think you get it, is that the
00:16:47.080defense has no argument. There's no way to counter the incredible weight of evidence against Tyler
00:16:53.820Robinson, including his own admission of guilt. And Marley, you know, you touched a little bit
00:17:00.780on the jury selection, you know, in the upcoming trial after this pretrial. Realistically, what
00:17:07.480does that jury selection look like with now we've seen these text messages and everybody across the
00:17:13.560world, regardless of if they really know who Charlie Kirk was. I feel like people have heard
00:17:18.000about this case in some way, shape or form. What does that selection look like from an analysis
00:17:23.200point of view? Well, they're going to attempt to bring people in who don't actually follow the
00:17:29.280news and are busy. Perhaps in Utah, they might have large numbers of children and be bringing
00:17:35.140them to baseball games and practices and gymnastics and getting their homework done.
00:17:39.280And, you know, there are people not like us who don't go on social media, don't follow the news and may not really have a formulated opinion.
00:17:47.380And that's who the defense is going to be looking for. And that's why they keep making these arguments.
00:17:52.740The arguments they're making, they are really counterintuitive to the way Utah runs this trial process.
00:18:01.020Their state law requires this preliminary hearing to establish probable cause.
00:18:06.000you cannot bring the trial without their preliminary hearing. And I guess that's probably
00:18:11.560in light of what they like to call a judicial economy, I think is the typical term that's
00:18:19.180used, right? They don't want to waste the court's time going through a lengthy trial that lacks the
00:18:24.920proper evidence. So in the hearing, in the preliminary hearing, they're allowed to bring
00:18:30.980in hearsay. They're allowed to bring in almost any kind of evidence to establish that there
00:18:35.360really is a case. So going back to your question, you know, the fact that the defense keeps trying
00:18:41.380to argue this is going to taint the jury, well, they're going to have to try to look for people
00:18:47.160who are just oblivious. And Marlee, how would you find that? Because the way I see it, I've
00:18:52.340been to Utah before, very, very red, very, very Mormon, very, very LDS. You know, you'd have to
00:18:59.580be living under a rock not to hear about Charlie Kirk and what happened there.
00:19:05.000My thought then would be, it's going to be really tough to find an unbiased jury, but
00:19:08.780maybe the other element of this, which of course we have to know is on the table, is
00:24:23.740Welcome back to Justice for Charlie. We have our guest, Marlee Hornick, a constitutional law
00:24:27.780analyst and litigation strategist. Also, we have with us Benny Ray Harmony. Benny,
00:24:31.720go ahead and take it away. Yeah, Marlee. So Jack Posobiec right now, one of the big things he is
00:24:37.520on is, you know, Lance Twigg said that Tyler Robinson was going hunting and kind of, you
00:24:43.100know, figuratively, but also literally, you know, we've heard about this hunting trip that he was
00:24:48.020apparently planning, but now it's looking like maybe this hunting trip was a hunting trip for
00:24:54.220Charlie. So talk to us a little bit about your perspective on that and kind of just what this
00:24:59.640is like going forward with this wording and moving forward with trial. Sure. Well, it does seem,
00:25:06.360Benny, like that may have been what he was alluding to. You know, you bring up a point
00:25:10.880that I'm remembering now because one of the issues about the actual gun itself is that
00:25:15.720if it is truly Tyler Robinson's weapon, the gun would be quite unique. He refers to that in some
00:25:24.080of the text messages that were successfully published today and discussed, I think maybe
00:25:29.640even within the hour, about how the gun he used may have been modified by his grandfather.
00:25:35.720It was a family weapon, a family heirloom. So remember, if that's the same weapon that's in
00:25:44.600custody. And there's no reason to think that it's not. I mean, it's crazy to think that there's some
00:25:48.560other weapon because it was wrapped in a towel with him and Lance's DNA on it that the family
00:25:56.340is going to have a hard time. And they already were participating in helping him to go turn
00:26:00.740himself in. Remember, the family is going to have a hard time arguing down the idea that it isn't a
00:26:06.140family heirloom and a very specific weapon that only Tyler Robinson could have used. So you just
00:26:11.800made me think of that with the hunting illusion that you're making. I agree. It sounds like
00:26:17.120that's what Tyler was referring to tragically, that he thought this was some kind of a human
00:26:22.520hunting trip, a very, very disturbed man. And took a Dremel tool actually to engrave on the
00:26:28.620bullets. And we know that there were engravings on the bullets. That just adds up. Marley, before
00:26:32.720we let you go, just in a litigation sense, just so we're clear, anything that's being introduced
00:26:38.400right now for the judge is all just for probable cause. We know that's a low bar. But it's true
00:26:44.100that once it goes to trial, every single bit of evidence that we're seeing would also have to be
00:26:48.880litigated once again in terms of its admissibility. Is that accurate? That is accurate. You know,
00:26:55.740I want to go back to something you said before the break because you said you know this is going to
00:27:00.240be a lengthy trial. That is not necessarily the case. This case has such extraordinary evidence
00:27:08.140There is video footage of Tyler Robinson on the scene, his license plate, his car, his family heirloom gun, his DNA on the towel, his text messages, his discord chats.
00:27:23.140The evidence is pretty overwhelming, and it doesn't have to take a long time for a jury to decide that.
00:27:28.980Just to be clear, it doesn't always take a long time.
00:27:32.140In fact, I was trying to remember the case.
00:27:35.160It was a big one, and it was just decided in literally three days by a unanimous jury.
00:27:41.220I don't think I'm going to recall which case it was.
00:27:54.400I mean, I think the common sense in us would say it should be very quick.
00:27:57.020But unfortunately, our litigation system moves at the speed that it has to.
00:28:00.100And I think my point was just, I think for Erica Kirk, the family and just the public at large, nothing could possibly be too soon because we want justice and we want it to be today.
00:28:10.140You know, I think that's the thing is in our hearts.
00:28:21.840And I want to bring in Jonathan Gilliam now.
00:28:23.880Jonathan Gilliam is a former FBI special agent and a Navy SEAL.
00:28:28.500Jonathan, just real quickly, because you are a former FBI special agent,
00:28:34.060do you believe the FBI and the Utah State Bureau of Investigations did a good and complete job
00:28:39.260that won't be undermined by the defense? Are you satisfied?
00:28:42.840Well, I think they probably did a good and complete job, but will it be undermined by the defense?
00:28:47.240I'm sure of that. So, listen, I think that the reality of this, from the time the shot happened,
00:28:58.120and to the time that we are now, the evidence collection, the analysis, I think this has been
00:29:04.040exactly the way law enforcement should have done their, do carry out any investigation and done
00:29:11.860their work. What was bad was before the shot was taken. That was a complete failure of a threat
00:29:17.160assessment and a lack of awareness on where an attacker could attack from. So, you know,
00:29:24.620that part was a complete failure. But I think what we see with the investigators and how they
00:29:31.700have systematically put together this picture of the movement of Tyler Robinson, of the DNA of the
00:29:38.760weapon itself and where it was located and the video footage, all this stuff has really painted
00:29:46.700a very accurate mountain of evidence that implicates him. And I think it's not just
00:29:55.480enough to go to trial, but it's definitely going to be enough to convict him.
00:29:59.940And Jonathan, you know, one of the big things that they're talking about during this trial
00:30:05.160is that other bullet that wasn't shot that was found on a separate rooftop. Now, if I believe,
00:30:11.580right, we heard one of the investigators say that it was an unfired bullet from an officer's gun.
00:30:16.700or something along those lines. Do you see any issues with how law enforcement handled certain
00:30:24.220little things like this? I know you said you weren't very happy with the planning leading
00:30:27.760up to this event. Was there things that they did that are going to come out and in some way
00:30:33.620be on the defense's side? Well, I would think so. Look, a lot of these universities, their law
00:30:40.600enforcement departments aren't really up to par. I've seen it myself firsthand up close.
00:30:48.480And I'm not sure when that round was how it got there or when it was there. But I'll just put to
00:30:56.560you this way. When it comes to crime scene management, when it comes to the initial
00:31:03.140investigation of any type of incident like this, if you don't have experienced investigators there,
00:31:10.600They can taint a crime scene. They can drop things there. They can do these things. So it's very important to freeze that area as quickly as possible. And I just think that that's probably going to be something that the defense goes after.
00:31:24.960And listen, when I say the defense, I can clearly see what they're doing in trying to string this out as long as possible.
00:31:33.100They're probably looking for some type of a deal they can make with the prosecution.
00:31:38.260But also, I really, truly believe that like warfare with drones and social media involved now, I think lawfare and the way that the legal system works is that defense attorneys are very in tune.
00:31:53.380they're very in tune with how the social media rumors are playing out. And I think they're using
00:32:01.920that in a lot of ways to convict the law enforcement in the court of public opinion and
00:32:09.720mistrust. Jonathan, do you think there's any way that he cuts a deal that takes death off the
00:32:16.900table? Because when you look again at this compelling evidence and just everything that
00:32:20.420we've seen thus far. And this isn't even the trial. It's just a preliminary hearing. But based
00:32:23.920on what you're seeing, you're saying you think they get the conviction. To get the death penalty,
00:32:27.520of course, you have unanimity. But because of there's so much evidence, and maybe as Marley
00:32:31.360Hornick said, maybe it isn't a very lengthy trial. Do you think death is taken off the table for any
00:32:36.780reason? Because my understanding from criminal defense attorneys is you can take death off the
00:32:42.060table and get life in prison, but you can't waive every single appeal ever. He could say he has
00:32:46.660insufficient counsel and he can appeal, which he very well could do. So do you think there's
00:32:51.280any instance where they take death off the table now that we've seen so much and we haven't even
00:32:55.880seen everything yet? Yeah, I think it's always a possibility now with the way the legal system
00:33:01.880works and these prosecutors, people just don't want to go to trial anymore. I mean, there's very
00:33:05.860many, there's many, many reasons why that's the case. I mean, I think that a lot of prosecutors
00:33:10.540don't trust juries anymore because the information is so widely disseminated.
00:33:17.140And some of that information, obviously, is going to be rumor and gossip and conspiracy.
00:33:23.460So I think, you know, I think prosecutors are always concerned with that.
00:33:30.260And then also you have a lot of prosecutors.
00:33:32.600I don't know these ones in particular, but you have a lot of prosecutors who are careerists.
00:33:37.320And the last thing they want to do is lose any case.
00:33:41.640And I think it's always safer for those careerists to take a plea deal and consider that a win.
00:33:47.800So I think in both these circumstances and when you talk, or if they talk and consider what the Kirk family wants,
00:33:57.700there's, I would say, a good possibility that once this is all laid out and the defense sees that there's no room to wiggle,