DOJ Considers Unprecedented Federal Hate Crime Charges in Charlie Kirk Assassination

The U.S. Department of Justice is weighing whether to pursue federal charges against the man accused of assassinating conservative activist Charlie Kirk, potentially advancing a novel and highly controversial legal theory that the killing constituted an anti-Christian hate crime, according to three individuals familiar with the investigation who spoke to NBC News.

The suspect, Tyler Robinson, already faces multiple state charges in Utah, including aggravated murder. State prosecutors have made clear they intend to seek the death penalty. Authorities have also disclosed text messages Robinson allegedly sent to his trans partner, in which he claimed he was driven to kill Kirk because he had “enough of his hatred.”

In many high-profile cases, defendants face both state and federal charges, particularly in matters involving domestic terrorism or large-scale criminal activity. However, sources told NBC News that some career federal prosecutors have raised serious objections to bringing federal charges in the Kirk case, arguing that the facts do not neatly fall under existing federal statutes.

According to those familiar with internal discussions, attempting to prosecute the killing as an anti-Christian hate crime would be highly unusual and legally untested. Such a case would likely hinge on equating opposition to transgender ideology with Christianity — a premise that critics argue risks politicizing both criminal law and religious belief.

Other potential federal statutes reportedly under consideration, including stalking laws similar to those used in the prosecution of Luigi Mangione, are also seen as ill-fitting for the facts of this case.

A fourth source with knowledge of the investigation said federal prosecutors have not ruled out any options.

The Justice Department “is confident in the death penalty-eligible state murder case and are committed to making sure Charlie’s alleged killer goes to prison for life,” the source said. “The federal investigation remains ongoing and we will not hesitate to charge when appropriate. Involving the Civil Rights Division only opens more potential avenues to charge this suspect.”

While there is no standalone federal domestic terrorism statute, there is widespread agreement among law enforcement officials that the assassination of Kirk meets the federal definition of domestic terrorism.

Nevertheless, several factors have complicated efforts to federalize the case. Robinson is a Utah resident and did not cross state lines to carry out the attack, which took place while Kirk was speaking at Utah Valley University. Additionally, Kirk was neither an elected official nor a federal employee — categories that often make federal jurisdiction more straightforward.

Robinson made his first court appearance last Thursday and has not yet entered a plea.

The hearing drew attention not only for its legal stakes but also for Robinson’s conduct. He appeared in civilian clothing but was fully shackled throughout the proceeding, a precaution ordered due to the severity of the charges. Observers in the courtroom reported that Robinson smiled and laughed as the hearing began, behavior many found disturbing given the gravity of the allegations.

Video from inside the courtroom, released under strict broadcasting restrictions, showed Robinson standing silently as his attorney briefly stepped aside — offering the public its first unobstructed view of the accused since his arrest. The hearing itself centered largely on a dispute over media access.

Robinson’s defense attorneys urged the court to restrict camera coverage and reduce the number of reporters present, claiming intense national scrutiny could undermine his right to a fair trial. They cited prior closed proceedings and warned that extensive media exposure could taint potential jurors.

Judge Tony Graf said he is weighing arguments from both sides as he considers long-term rules governing cameras, recordings, and public access to future hearings.

Prosecutors reiterated that they plan to pursue aggravated murder charges and may seek the death penalty. Additional hearings are expected to determine whether proceedings will remain fully open to the public or subject to tighter courtroom controls.

Meanwhile, new reporting has raised further concerns. Emerging details suggest a possible connection between President Donald J. Trump’s would-be assassin, Thomas Crooks, and Robinson, the accused killer of a Turning Point USA activist. TPUSA spokesman Andrew Kolvet reacted sharply to the development, calling it “a five-alarm fire” in response Monday to reporting by New York Post columnist Miranda Devine.