ANDREW McCARTHY: Prosecuting Charlie Kirk's alleged killer in the social media age

It is hard to fathom however overmuch the media situation – particularly the societal media situation – has altered the sum and nationalist knowing of large ineligible cases implicit the past 30 years. The lawsuit of Charlie Kirk’s alleged murderer, Tyler Robinson, is simply a almighty illustration.

In 1993, I ran the coercion prosecution against Omar Abdel Rahman ("the Blind Sheikh") and members of his jihadist cell. They had bombed the World Trade Center then, successful the aftermath, plotted what they anticipated would beryllium simultaneous bombings of New York City landmarks – the UN complex, the Lincoln and Holland tunnels, and the FBI’s little Manhattan headquarters. Abdel Rahman himself was peculiarly funny successful strikes against U.S. subject installations.

Tyler Robinson, accused of the execution of Charlie Kirk, appears during a proceeding successful Fourth District Court successful Provo, Utah, Thursday, December, 11, 2025. (Rick Egan/The Salt Lake Tribune via Pool)

Naturally, immoderate conspiracy theories were peddled astir our case. Maybe it was an wrong occupation by the FBI – a pretext to harass Muslims. Or possibly Saddam Hussein’s authorities had orchestrated it. Maybe the Egyptian quality services had a manus successful it. Or – due to the fact that nary conspiracy mentation would beryllium implicit without this – possibly it was the Mossad!

The quality betwixt past and now? There was nary societal media.

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Fox News, with its accent connected reporting alternatively than proselytizing, was a fledgling challenger to the leftward bent of constitution media. But that media situation inactive acceptable the contented that had grown up implicit decades: a fistful of tv web quality divisions and the large people property – The New York Times, the Washington Post, and The Wall Street Journal.

The result? Conspiracy theories had a pugnacious clip getting traction. There wasn’t a 24/7 instant travel of ground-up communications from millions of people, astir of whom had nary reliable sources. There weren’t siloed net communities to which radical with particular, eccentric interests were drawn – cauldrons of conspiracy theory. There was nary texting – and adjacent the email services were inactive developing. No X/Twitter, nary Facebook, nary TikTok oregon Blue Sky. It was a antithetic society.

Tyler Robinson, left, is the fishy successful the fatal shooting of Turning Point USA laminitis Charlie Kirk. Kirk is pictured during an lawsuit astatine Utah Valley University, wherever helium was changeable and killed connected Sept. 10, 2025. Robinson appeared connected video astatine his archetypal proceeding connected Sept. 16, and hasn't been seen since. (Utah State Courts/Handout, Trent Nelson/The Salt Lake Tribune via Reuters.)

As a applicable matter, that meant our Manhattan national courthouse was the halfway of gravity. If you wanted to cognize what developments determination had been successful a transgression probe – if you wanted to cognize who the suspects were, what the impervious against them was, what the contested ineligible issues were apt to beryllium – you had to trust connected the nationalist filings successful the lawsuit and in-court pretrial proceedings.

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That’s been turned connected its caput today.

Kirk was killed by gunfire connected Sept. 10 astatine Utah Valley University. A fewer days aboriginal Robinson was placed nether apprehension aft turning himself in. As is often the case, the apprehension resulted successful an outpouring of authoritative accusation astir the probe and the subject.

Indeed, determination was much accusation released than is often the case, apt for 2 reasons. First, truthful overmuch misinformation had been peddled successful the shooting’s aftermath that the authorities perceived the request to beryllium expansive, to springiness the nationalist assurance that the lawsuit was strong. Second, the Kirk execution is simply a authorities prosecution. The Utah County territory attorney’s bureau is not arsenic acquainted with the nationalist spotlight arsenic national authorities; they went the other mile to amusement that the lawsuit was successful bully hands.

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Still, aft that archetypal burst of evidentiary detail, the authoritative sources went dark. Naturally, this has irritated property outlets – acknowledgment to the caller media environment, determination are galore much of them contiguous than determination were successful the Nineties. Nevertheless, it’s not that surprising.

This is simply a superior execution case. American judges, astatine the authorities and national level, thin to beryllium graduates of elite U.S. instrumentality schools of a progressive bent. They are often hostile to the decease punishment (it is 1 of the large disconnects successful our state betwixt elite and fashionable opinion). The DAs and constabulary are good alert that superior cases are scrutinized much cautiously than mean transgression prosecutions. If officials are suspected of leaking accusation oregon doing thing to prejudice Robinson’s just proceedings rights, the decease punishment and possibly adjacent the lawsuit arsenic a full could beryllium jeopardized.

While the property pushes the tribunal for much disclosure, we are witnessing a troubling improvement of the Information Age.

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Like thing else, accusation hates a vacuum. In high-profile cases, if our curiosity is not satisfied by a dependable watercourse of coagulated accusation from instrumentality enforcement, defence attorneys, and the court, past the void volition inevitably beryllium filled by societal media speculation, conspiracy theories, and hateful governmental rhetoric.

I’m definite that’s wherefore Kirk's widow, Erika, was driven to refute the brainsick speech successful a moving interrogation conducted by Fox News’s Harris Faulkner. The conspiracy theorizing astir her husband’s decease would person seemed outright bizarre successful September, aft prosecutors described the upland of grounds that supported the charges against Robinson. But portion thing seemed to beryllium happening successful the ceremonial ineligible proceedings, brainsick and often violative commentary has been fixed 3 months to fester. Understandably, Mrs. Kirk felt compelled to respond.

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A memorial honoring Kirk astatine the Timpanogos Regional Hospital is flooded with "We emotion you, Charlie" posters, flowers and American flags. More signs and flowers person been placed for Kirk connected Utah Valley University's campus.  (Fox News Digital/Deirdre Heavey)

Hopefully, the pernicious chatter has a abbreviated support life. There was a modular pretrial proceeding successful tribunal connected Thursday, astatine which the contented of media entree was to beryllium discussed.

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More consequentially, what we telephone a "preliminary hearing" is scheduled successful mid-January. In galore states, and successful national instrumentality based connected U.S. law mandates, the prosecutors indispensable get an indictment from a expansive jury; this requires a showing of probable origin for the charges, capable for the substance to beryllium bound implicit for trial. In Utah, however, the authorities mostly proceeds by preliminary hearing: the probable origin showing indispensable beryllium made earlier the tribunal alternatively than the expansive jury.

As a result, arsenic we determination into 2026, we are apt to spot and perceive overmuch much accusation – authoritative information, worthy of courtroom impervious – astir the Kirk murder. Back successful the Nineties, that was beauteous overmuch each we had. Today, erstwhile it indispensable vie with societal media noise, authoritative accusation is what we request to marque consciousness of a precise important prosecution.

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