The accused assassin of conservative activist Charlie Kirk was back in court today as his defense attorneys argued pre-trial motions that could impact whether he gets the death penalty. Amid already heightened tensions with Iran, the American aircraft carrier USS Abraham Lincoln, which just arrived in the region as part of President Trump s military buildup, was today approached about 500 miles from Iran's coast by an Iranian drone with unclear intent. The Lincolns scrambled a fighter jet and shot it down.
00:03:18.420If I recall, there were some bullet casings that had some inscriptions on.
00:03:22.760There were some tools that were believed to have been used to make those inscriptions.
00:03:27.600There were targets, I believe, that had been used, and also targets that had been purchased recently or just prior to the event.
00:03:37.680There was ring doorbell camera footage obtained from other residences down there.
00:03:43.140And then a number of electrical items, laptops and such that were collected as part of the warrant.
00:03:52.080All right, folks, Jack Posobiec here. We're back. Human Events Daily live on Real America's Voice.
00:03:59.500Today is February 4th, 2026. Anno, Domini.
00:04:03.940And yesterday, of course, you know, we've been working hard putting together the show for the Super Bowl, the halftime show that you that they don't want you to see.
00:04:13.840Now, we know that Super Bowl Sunday, of course, is this Sunday.
00:04:16.160But our Turning Point USA halftime show is the one you want to see.
00:04:21.640This is the All-American halftime show.
00:04:24.900And you only want to watch the All-American halftime show.
00:04:28.780The one that's in English, the one that's not in a foreign language.
00:04:31.620And the one, of course, that's got an incredible lineup headlined by Kid Rock himself.
00:04:37.080I got to tell you, I am watching all of Woodstock 99 to get ready.
00:09:30.220People could see it on the Turning Point USA social media, just all the accounts, like all the places that we have are normal social media.
00:09:39.380A couple other spots that are also going to be partnering with TPUSA.
00:09:43.260I know Daily Wire is coming up, Sinclair, a few others.
00:09:45.820So you want to get it, but really a TBN.
00:09:48.240But I really do think that the RAV, the RAV stream is just going to be phenomenal.
00:09:52.960I think there's going to be some special coverage and pregame coverage, pre-show coverage that you're going to want to see.
00:09:59.820So check that out. And I wanted to, you know, kind of talk some more about how this isn't just this is not a political event.
00:10:08.820This is beyond political. This is cultural. This is about identity. This is about who we are as Americans.
00:10:13.980It's about heritage, about supporting all of those things.
00:10:17.080And I thought, who better than to comment on all of the cultural production than our good friend Kevin Sorbo, who joins us now?
00:10:26.640What's up, Kevin? Hey, how you doing? It's good to see you again.
00:10:29.820Doing real well. So I got to ask you, how did you think when the announcement came down that the turning or excuse me, that the other halftime show was getting bad bunny?
00:10:40.720You know, I didn't know the dude was and my boys had to let me know who it was. And I went online to look at his music and stuff. And it's just it's interesting to me what they do within the Super Bowl halftime show, what it used to be and what it's kind of turning into over the last five, six years.
00:10:55.860because the whole idea of the Super Bowl with the commercials,
00:11:46.560They'd rather see Styx or Journey or Eagles or something at halftime instead of this guy.
00:11:51.740So I think a lot of people are going to flip over to what you guys got going at TPUSA with a group of people that represent America far better than the bunny die does.0.55
00:12:03.020Well, and that's what we're going for, right?
00:12:05.100Because, you know, and what's funny is, and I've said this a couple of times, Charlie and I used to always kind of joke about this.
00:17:00.340He should have done multiple already halftime shows.
00:17:03.560I'm kind of surprised that he hasn't because this is a guy who, you know, tours coast to coast, sold out, huge star, huge songs.
00:17:12.360Plus, you got the lineup that is phenomenal.
00:17:15.320And I'm just going to tell people, if you miss this show, you are going to miss a piece of history.
00:17:20.400And people are going to remember where they were when they took a stand and when they changed the channel, put on Rav and watched this halftime show.
00:17:29.480That's really what it's about, isn't it, Kevin?
00:18:47.640By the way, I got to ask, I don't know if you've caught any of the new Game of Thrones
00:18:51.640Night of the Seven Kingdoms because I'm watching this saying, wait a minute, isn't this just
00:18:55.980the legendary journeys of hercules but put into the game of thrones it's like the exact same thing
00:19:00.940i gotta check it i'm sure it is i'm sure it is that was a wonderful seven and it was written
00:19:05.720around the same time yeah it's too funny so hopefully i'll do it but by the way the reason
00:19:10.740i'm cheering for seattle to win is one reason only because of the quarterback sam donald he
00:19:15.220was with the vikings the vikings are the only team in the world influences these are influences
00:19:19.420and uh they're friends of mine jack so like where's jack jack he's done a great job
00:19:27.680all right jack so big we are back live human events daily and of course you know as we're
00:19:35.560so excited for the tp usa all-american halftime show i look people keep asking me what's going
00:19:40.740on sunday i'm like jack they're like jack what do you what do you know i'm like guys i i know a
00:19:45.500little bit you know my big mouth kind of maybe started some of the ball rolling on this even
00:19:51.480though it's really charlie's idea he was the one you know who was always talking about the uh the
00:19:55.920halftime shows and all the rest of it but you know in all honesty it's it's you're gonna have
00:20:01.360to see on sunday you're just gonna have to see kid rock saying that he's got he's got a surprise so
00:20:05.740we all want to see what that is going to be but we did of course have the tyler robinson hearing
00:20:13.420yesterday, and I wanted to bring in Libby Emmons, the editor-in-chief of The Post Millennial,
00:20:19.140because, Libby, I know that you watched this hearing in full as well yesterday. Libby,
00:20:25.160can you walk us through a little bit? What was this contention? You know, I see the headlines
00:20:29.960and, you know, just explain for the folks back watching that didn't get a chance to see it.
00:20:34.100They're trying to disqualify the entire prosecutor team, prosecutorial team from the Utah County
00:20:43.300what's going on? Yes. So Tyler Robinson's defense attorneys are attempting to disqualify the entire
00:20:50.220Utah County prosecutor's office from being able to try this case in Judge Tony Graff's courtroom.
00:20:59.500And their reasoning is that one of the prosecutors who is an expert in homicide, apparently his
00:21:05.460daughter was at Utah Valley University on September 10th when Charlie Kirk was killed.
00:21:11.280and that's their entire contention. So, so the, their, their, their daughter was there.
00:21:19.740She's 18. You know, that came out in some of the reporting horrifying, obviously, but at the same
00:21:25.600time, is it really a conflict of interest? If someone was just nearby where a crime took place
00:21:32.800And that person is is not a material witness because it seems that her presence was incidental to the actual crime that took place here.
00:21:43.980Yes, that's exactly right. And that's what the prosecutors were pointing out.
00:21:48.320They brought a an agent from the Utah State Bureau of Investigations to testify in court yesterday.
00:21:55.400That was Dave Hall, and the prosecutors questioned Dave Hall about the significance of the young lady's perhaps witness testimony.
00:22:04.640Now, what happened was Dave Hall said that the Bureau and the FBI put out posters encouraging people who had been at UVU on that day to come forward and discuss what they had seen.
00:22:17.520The young lady was not one of the people who had come forward and the prosecutor spoke to Hall and Hall said that he did eventually see the footage that she had taken that day and that it was very similar to footage taken by countless others who had come forward and shared the footage.
00:22:34.300He said that there was nothing particularly unique in anything that she saw or anything like that.
00:22:40.180So that was pretty interesting because basically he was saying, no, like even if she was there, she doesn't have anything to offer that, you know, tens of other people or maybe, you know, more have to offer as well in terms of her what she could perhaps testify.
00:22:56.340And she's not even particularly believed to be one of the witnesses in the case once it does eventually go to trial.
00:23:04.300And so I thought that was interesting because Hall pointed out that none of the footage that they got from the people who had just been in the crowd there was able to point out anything about the identity of the shooter.
00:23:20.280So, right. And this is what I mean by incidental in the sense that was she a witness?
00:23:25.100Yeah, but there were thousands of witnesses who were present, obviously millions of witnesses at home to the events that took place.
00:23:33.140And, you know, for folks watching, look, I'm trying to be analytical about this.
00:23:37.560I'm trying to put my emotions on the shelf, as I always say, about one of these situations, even when, yes, the victim is someone that, you know, I was close to, that we're trying to analyze what the actual situation is here objectively.
00:23:51.820And when you analyze it to say it's OK, well, was she a victim?
00:23:57.360Did she see him running up a staircase?
00:24:00.000Did she, you know, see him running into the woods?
00:24:02.700no, she did not. So it really does seem like the, you know, the legal term here would be
00:24:08.840de minimis, that her presence was de minimis, meaning it's minimized. It's not something that
00:24:14.980is, again, material or germane to the case. And something, the great Andrew Burkhart, I know you
00:24:20.680and I have both been sharing her analysis, huge shout out to her. She had a great point as well
00:24:25.340that, look, when you're in a small town, people run into each other. And these are just things
00:24:31.120that kind of happen in the general course of daily life. And you have to deal with them in
00:24:35.960the best way possible for the interest of justice. So, you know, if you're in a town where there's,
00:24:42.080you know, only a couple of judges, maybe only a couple of lawyers, obviously Orem is a little
00:24:45.740bigger than that, but the point still stands that you are going to have people that know people that
00:24:51.520run into the middle, but that, that doesn't, uh, that doesn't supersede the need for justice to be
00:24:56.740done in our system. And of course, I believe the judge is worried in the fact that so I believe
00:25:02.260he did deny the referral to the attorney general because they're saying, oh, the attorney general
00:25:07.280should, you know, review all this. He denied that. I believe and I think a lot of people that that
00:25:13.080is a sign that he's probably going to deny this motion. Yeah, I got that sense as well. And that
00:25:20.060is my feeling. Of course, we're not going to know until February 24th, which actually brings me to
00:25:25.200something that I think is important, which is I believe that the defense attorney, I believe that
00:25:30.040what they are trying to do, that team, is put in a lot of delays, is put in as many questions
00:25:35.700ahead of the trial as possible. Robinson still has not entered a plea. There hasn't been an
00:25:41.140arraignment. That's not scheduled until something like May. So I think what they're trying to do
00:25:46.080is really muddy the waters here of what otherwise looks like a pretty straight-ahead murder case.
00:25:51.680And so they're trying to bring in all of these extra ideas of, you know, perhaps the prosecutor has been biased and the prosecutor was asked outright, you know, the one whose daughter was at UVU, why he decided to not only announce that he was bringing the death penalty early, but but actually said that he was going to plan to do so.
00:26:13.100And he said essentially that it was a preponderance of the evidence that made him say, in this case, a death penalty looks like it is warranted, and that he brought that announcement out in order to assuage any questions and just make plain what it was that the prosecutors were going to intend to show here.
00:26:32.420And I think that's right, and I think that all needs to be understood, that all needs to be dug into.
00:26:37.940We're coming up on a quick break. Libby, I want to hang on with you.
00:26:41.360I want to bring on an attorney after the break to dig into this.
00:26:44.640And I also want to dig into perhaps some of the defense strategy, which I believe came up during the cross-examination of the lead investigator in this case.
00:34:23.440Yeah, I thought it was also very dramatic,
00:34:25.480And it was interesting, too, because she used the fact, as you said, that DNA had previously been brought up to bring it up again.
00:34:32.060And then in so doing, she posited something that was basically a new theory that no one had really heard before, that there were apparently five different individuals of DNA.
00:34:42.580She left out an awful lot, like where she alleged that this had been found, what it had been associated with or any of that.
00:34:51.860I think that was to sway anyone who might be watching, who may perhaps end up in the jury pool, who knows, you know, to sway the American public to believe that there is more of a doubt in this case than there likely is, given the preponderance of evidence, which is the evidence also that the investigator mentioned when he was being questioned by the prosecutors.
00:35:17.380no i i that's that's that was my sense as well will i wanted to get your your take on that
00:35:24.240well so it's it's interesting to hear her try and make this claim it's like oh there might have been
00:35:30.260five other sources or five other people with evidence from the scene i don't even know if
00:35:34.480the scene just refers to the specific place where the shooter was pointing you know shooting shot
00:35:40.920charlie from or you're talking about the scene being where the gun was left uh but this is this
00:35:46.060is actually very common because oftentimes what happens is that there's multiple there's the dna
00:35:51.900of the uh criminal and then there's the dna of the police officers who are there to collect
00:35:56.540the pieces of the scene so it's the kind of thing that when if this actually tries to come up at
00:36:01.100trial i don't know that it will because i wonder if the defense counsel will just be ready for
00:36:05.260you know the obvious follow-ups from the prosecution which will be like okay so who
00:36:08.940are the other four people uh that were identified and it'll be a list of four of the police
00:36:13.100investigators who came onto the scene or something like that uh or you know if friends
00:36:18.540yeah or yeah friends um the the roommate lover boyfriend that he had or the fact that we know
00:36:25.500that this was a family uh firearm so what did that mean it was like like his father his brothers his
00:36:31.440grandfather because it was a grandfather's rifle they handled it you know plus there's also the
00:36:35.900the question of the proportionality of the dna it was like it's like it was what was the proportion
00:36:40.780Was it 98 percent Tyler Robinson's D.A. and DNA and two percent the rest in this touch DNA?
00:36:46.300Because that would matter as well. So all of these things, of course, do come up.
00:36:50.420But of course, I'm reminded of that of that old saying, you know, when the facts are on your side, pound the facts.
00:36:57.200When the law is on your side, pound the law. And when neither are on your side, pound the table.
00:37:03.440It just seems to me that's right. And she's doing here.
00:37:06.600I mean, what is really the argument here?
00:37:08.860I mean, they have video evidence of a guy matching Tyler Robinson's description, entering and exiting the building, walking around with an extremely stiff leg.
00:37:17.020And then all of a sudden he doesn't have that problem when he's the guy who's fleeing.
00:38:27.820All right, Jack Posobiec, we are back here.
00:38:30.700Will Chamberlain is our guest. We're talking about the latest in the Tyler Robinson trial,
00:38:36.760who's on murder on trial for the murder of Charlie Kirk. Will, but some of the questions
00:38:42.120that we're getting in regarding these forensics, the DNA, OK, five mixture of five strands of DNA.
00:38:48.620You know, this is one of those things that I've noticed in other murder trials that I've covered
00:38:54.600over the years that it always seems to come up, especially when it's a death penalty trial.
00:38:58.440They really get into the nitty gritty of the DNA of the DNA tests, the way it's written, the way it's worded, because, again, not typically because they're looking to actually disprove the guilt, but they're they're looking to just obfuscate the actual situation and the actual test.
00:39:14.920So even though you have a test that shows, OK, there is a match between here and here, they'll play all these games with the words, with the phrasing, with the math involved to try to make it seem like there is a disconnect when, in fact, there really isn't one.
00:39:29.640yeah and i mean that the way that testimony or that line of questioning from the defendant's
00:39:35.160defense lawyer went made me think of exactly that like you're you're bringing up this very very one
00:39:40.180vague fact there's five other people's dna there but you're not talking about uh who those people
00:39:45.200are or how much of their dna was found and found on what and the odds that this that sort of evidence
00:39:51.960will be meaningful once those questions are answered as low uh because if you know what
00:39:57.760you know what she didn't say was that tyler robinson's dna was not among the five people
00:40:01.700right that's that's a very obvious missing piece of information right uh so if tyler robinson's
00:40:08.600dna is among the five people uh and you know that that that would seem to be the more relevant piece
00:40:14.500of information that it demonstrates that he was one of the people yeah go ahead oh no i just add
00:40:20.480on that is so okay so he was he was but also you know there's other pieces of information then that
00:40:26.900you have to, so this is just logical deduction. So, okay, we can, we can say, all right, you know,
00:40:31.180who are those other four people? Can they be, you know, was it family members? Was it friends?
00:40:34.840Can we look at this? But then also this isn't the, this, this type of, of, of argument or this
00:40:40.820type of line of questioning only really makes sense. If you look at this piece of evidence,
00:40:44.580um, in, in a vacuum and don't consider the fact that, okay, well, do we have evidence of anyone
00:40:50.300else running into those woods and then coming out of those woods on the ring camera? Oh, we don't
00:40:56.260for the entire period of time, which included the time that we know that police were there
00:41:00.780surveilling the area, securing the area. He actually says in one of his own text messages,
00:41:06.180I can't go recover the gun because there's a police officer there. So we know police were there
00:41:10.320fairly quickly in the area where the gun was, where the rifle was. Is there a cell phone trail?
00:41:17.800Is there an electronic trail from a cell phone that can be tied as well? Were any of these other
00:41:23.240people in the deep that were found on the dna were their electronic signatures found there as
00:41:27.840well footprints etc i mean i could go down the list of all of these other ways that you can prove
00:41:33.300so it's it's never just one piece of evidence but of course in this instance they'll try to make you
00:41:39.120think well oh this shows that something else was involved they do this with the oj trial all the
00:41:43.660time by the way when it's like well someone else was there it's like but we can tell that there
00:41:47.720were only three people on that on that sidewalk we can tell that from the evidence there's only
00:41:52.040evidence of three people. So you can't be, you just can't add these people because there's no
00:41:56.460evidence of that. Right. I mean, who else is going to have access to this specific gun prior to
00:42:03.940Kirk shooting? That's another obvious question, right? You suddenly you have five people with
00:42:08.580DNA on it. Okay. You can, everybody on that list who would have not have possibly had access to
00:42:13.100this gun is irrelevant because it means that their DNA came onto the scene after the crime
00:42:16.960was committed. Okay. So now we're down to just who the family members is there. And then maybe
00:42:21.400there's like or it's twigs or something is there any of any evidence that a guy matching twigs
00:42:25.680description was on scene is there any electronic evidence and any of these other people were in the
00:42:30.020shooter's nest oh no just tyler robinson okay like this is people you know the funny thing is the
00:42:36.060defense lawyer is bringing up this piece of information as though it's going to be vindicate
00:42:39.580them but in reality the fact that there's only five dna matches to the crime scene and tyler
00:42:44.920robinson is among them is a devastating fact for the defense and it's going to be something the
00:42:49.640prosecution actually leans on. Uh, and so, you know, I think maybe she's just trying to sort of
00:42:54.320set the frame in these preliminary hearings well before any, any evidentiary rules come into play.
00:42:59.200Cause like the, you know, obviously this line of questioning wouldn't be allowed in trial in front
00:43:03.600of the jury because there's like a lack of foundation. There's all sorts of other problems
00:43:06.600with it, but we're in a preliminary hearing discussing whether or not the, go ahead.
00:43:11.900No, no. But I was just going to say that in the, you know, we say we're not in front of the jury,
00:43:16.260But in a sense, we are, because she herself brings up the fact that there have been theories
00:43:20.780bandied around on social media, that there's this entire firestorm going on regarding this.
00:43:26.900She well knows and is, in fact, the one that calls attention to the social media theories
00:43:33.100and this very real sense that potential jurors are on social media who may have seen this.
00:43:43.260She wants this piece of information to get out there, to sow the seeds of doubt, not just in the jurors, but in anyone who's going to be in that member of members of that 12 person jury pool, the two alternates, et cetera, that she is already working to do that.
00:43:59.280That's why she asked that question, because she wants the headline out there.
00:44:04.160I'm reminded of when Lee Kuan Yew was talked about one of the cases he handled in Singapore in his youth as when he was actually a practicing litigator, practicing criminal defense lawyer.
00:44:13.920And he talks about how he basically pushed this theory that he knew was not what actually happened.
00:44:19.900He knew his client was guilty, but he pushed this theory and aggressively tried to bring it up and persuaded a jury to acquit him.
00:44:26.360And that's ultimately what led Lee Kuan Yee to oppose trial by jury in Singapore was his own ability to get understand that juries were very, very fallible.
00:44:36.080So that sounds like what this lawyer is doing. Like, I don't blame this lawyer for doing their job.
00:44:40.740Their job is to, you know, within the bounds of ethical responsibility, try and put forward arguments and make the case for their client and increase the chances that they'll be acquitted.
00:44:51.180I'm not going to get mad at the lawyer for doing their job, but it's obviously the obligation of the judge to, you know, rule the correct way on her motions, which are not not meritorious.
00:45:01.160If not, they're not frivolous, but they're not certainly not meritorious.
00:45:03.560And then for for the general public to understand what she's doing and to just say, look, this is, you know, this is not what was your sense argument here?
00:45:13.700What was your sense of the tone? Because for me, Andrew Burkhardt, I believe, described her as pushy.
00:45:18.980I I'm I'm calling her theatrical I would say she was berating haranguing to me the tone was an
00:45:27.740immediate turnoff right there are ways to ask that question there are ways to boldly ask that
00:45:32.500question but the the tone the demeanor just seem very dismissive and this sort of lot this like
00:45:38.040sarcastic oh you'll help him but he's not helping the the prosecutor he's answering the question
00:45:44.360And, you know, I don't know if I if I just as an objective person, I when people use tones like that, I it really turns me off.
00:45:52.400You know, you know what? How much of that role do you think plays in the jury?
00:45:58.000I mean, who knows if she used a different tone of the jury?
00:46:00.300I can tell you that, I mean, in these preliminary hearings, this is very unimpressive to judges and very unimpressive to our opposite counsel.
00:46:06.780But who cares? That's not that important. But it's unimpressive to judges.
00:46:09.140It's unimpressive to the judges, clerks, this sort of these sort of dramatics and emotional histrionics.
00:46:14.360when, you know, the judges are trying to get the law right. And we're all, you know, these are
00:46:18.280people who are in the courtroom all day, every day. So they're not impressed by sort of baseless
00:46:22.980theatrics. And judges, in my experience, get really irritated by this tone being taken with
00:46:28.860them in motion hearings. Like they really just want you to stick to the facts and the law
00:46:33.880and not get indignant as a counsel. Judges really don't like arrogant, indignant lawyers in front
00:46:41.640of them when they, especially when they're arguing to the judge for, for the judge's