Ex-US attorney warns prosecutors could face many hurdles in case against Charlie Kirk’s alleged killer

A former U.S. attorney turned first-term congressman is warning prosecutors could face several hurdles in the case against Charlie Kirk’s accused killer, cautioning the trial will be anything but straightforward.

Rep. Brad Knott, R-N.C., is a freshman House lawmaker who resigned from the office of the United States Attorney for the Eastern District of North Carolina in late 2023 to run for Congress.

Looking at the case of Tyler Robinson from an outside perspective, Knott said he believed law enforcement officials were “proceeding appropriately” but noted from his past experience that high-profile cases such as this were “never as cut and dry” as they appeared to some members of the public.

“In some ways, I pity the prosecution because there’s so many unique angles here,” Knott told Fox News Digital. “The hardest part about these types of cases is to begin the process with no conclusion. And that’s especially hard when you look at the Tyler Robinson case.”

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He anticipated there would be “many in the media” and “some, even in law enforcement” who may come to a conclusion too soon that the case is already solved.

“And proceeding when this case is as public as it is, when it is as widely viewed and reviewed as it is, keeping all of that noise outside of your purview as an investigator, as a prosecutor, as a forensic analyst, as a custodian of the evidence… going forward as though the conclusion is not in hand, that’s the hardest part here,” he said.

Knott pointed out that it cannot even be assumed that Robinson committed the killing until it’s decided in a court of law – stressing there were many moving parts.

“We know that there was conversations with other individuals leading up to this criminal act, the killing. We know that there were lots of individuals who were surrounding the suspect,” he said. “We know that there are a lot of people who have an interest in solving this case that are not in law enforcement. I mean, go on X, go on social media. All of that can make it harder to get an objective sample of evidence, right?”

Robinson is facing multiple state charges in Utah, including aggravated murder. Officials there have said they plan to seek the death penalty. 

The 22-year-old is accused of killing Kirk, the Turning Point USA founder and conservative activist, while he spoke at a college campus event in Utah earlier this month. Kirk was shot in the neck and was soon declared dead.

In addition to the public pressure on prosecutors, Knott noted there would be “intense scrutiny” on people surrounding Robinson.

“Whenever that type of scrutiny is levied on somebody, whether it’s his former classmates, his colleague, his friends, his social circles, his family – what you want is just sort of a firsthand account with no inferences whatsoever,” Knott said.

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“You don’t want them to conclude anything. You want them to describe, you want them to recount. And when you have all of this publicity and the sensational posture of this case, it makes it very hard to objectively be a witness.”

And if Robinson does not plead guilty, Knott predicted a full-throated attempt at defense from his lawyers.

“If Mr. Robinson is in fact guilty of the charges that are brought against him, there is going to be an extreme defense if he does not plead. And whenever there’s an extremely vigorous defense, it’s never straightforward,” he said.

“A win for the defense may be defeating one of the aggravated murder charges, or it might be to defeat the death penalty – whatever it may be. There is never a straight path when a defense comes forward like Mr. Robinson would probably have. And that’s assuming he doesn’t cooperate…he just walls up and says, ‘You’ve got to prove this and we’re going to fight you every step of the way.’”

Knott said he would anticipate a host of challenges from the defense team, as well as a bid to evoke some kind of sympathy for their client.

“What I anticipate is, every search warrant is going to be challenged. Every type of digital evidence is going to be challenged. The admissibility of the most damning evidence will be challenged. The seating of the jury will be challenged. Everything will be resisted,” he said. “And so I don’t anticipate that there will be a very easy path forward.”