The assassination of Charlie Kirk cries out for the death penalty, which is rarely imposed by Utah courts. This murder was premeditated and executed with vengeance, against an innocent victim, merely for exercising his constitutional freedom of speech.
This crime struck at the heart of our republic and has made countless Americans who believe the same things Kirk did feel like they too have targets on their backs. Like the anarchist assassin who shot President William McKinley on Sept. 6, 1901, and was executed on Oct. 29 after receiving full due process, Kirk’s assassin must swiftly face the death penalty.
Before the suspected Kirk assassin was arrested, Utah Gov. Spencer Cox pointed out that Utah still has the death penalty. Utah law, however, makes it nearly impossible to apply. Utah has executed only one person (an American Indian) in the last 15 years, and there are only four criminals on Utah’s death row, each of whom has been supported there at taxpayer expense for more than 29 years.
A murderer cannot be punished by the death penalty in Utah state courts unless there is an aggravating factor as narrowly defined by Utah law, such as killing a police officer or shooting in a way that creates a “great risk” to bystanders in a crowd. Kirk’s assassin allegedly fired one shot from a high-precision rifle at Kirk while he was seated on stage, so it is unclear if Utah’s death penalty even applies to this crime — though there’s a solid argument that the crowd was endangered enough to reach Utah’s legal threshold.
In addition, Utah has a pro-transgender culture, contrary to every other Republican state. In 2023, with Gov. Cox’s signature, Utah codified a pro-transgender administrative rule that had first been promulgated in 2020, making it one of the only Republican states with a law that prevents parents from seeking professional counseling to treat gender dysphoria in their children. In 2022, Gov. Cox also vetoed legislation that would have protecting girls’ sports from the participation of male athletes.
The suspect, Tyler Robinson, was living with his transgender partner, whom Gov. Cox praised as being “incredibly cooperative” with investigators. Robinson reportedly had a romantic relationship with his transgender roommate.
Bullet casings found with the murder weapon contained markings demonstrating that this assassination was carefully planned and carried out with vengeance. These inscriptions included “Hey, fascist! Catch!” along with references from online communities, including an apparent reference to the sexually deviant furry subculture.
Afterward Robinson reportedly sent electronic messages to his transgender lover about the murder. Robinson also exchanged messages with more than 20 people via the online platform Discord soon after the assassination, apparently without anyone rebuking him or telling him to turn himself in to authorities.
The FBI reports that Robinson’s DNA has been linked to the crime scene, where a high-powered hunting rifle with a 500-yard shooting range was found nearby. It is alleged that Robinson shot Kirk from a rooftop merely 150 yards away.
Tyler Robinson has so far been charged only in state court with five crimes for assassinating Charlie Kirk: aggravated murder, felony discharge of a firearm, obstruction of justice, witness tampering, and committing a violent offense in the presence of a child. In state court, Robinson will benefit from a system that is more lenient than federal court, and less likely to impose the death penalty.
As President Trump vows a full federal investigation, his Attorney General Pam Bondi needs to file federal charges that carry the death penalty. The FBI should not be relegated merely to a supporting role in Utah, which is notorious for its Trump-haters and for favoring residents against outsiders.
Tyler Robinson admittedly hated Charlie Kirk, who frequently professed his Christian faith and was outspoken against transgender ideology, as President Trump has been. Robinson’s partner is transgender, and Kirk’s close association with Trump made Kirk a proxy of Trump and a target for Trump-haters, of whom there are many in Utah.
The federal death penalty can be triggered by murders committed in violation of 18 U.S.C. §§ 241, 242, 245, or 247, which the FBI is presumably investigating further. The death penalty can be sought, for example, if the murder is committed to obstruct “any person in the enjoyment of that person’s free exercise of religious beliefs,” or if the killer conspired with another person to “injure, oppress, threaten, or intimidate” the victim in the victim’s exercise of a constitutional right.
The federal death penalty should be applied to prosecute this assassination of an outspoken Christian. The Trump administration should ensure that Americans are fully informed about what encouragement the assassin may have received from well-funded leftist organizations before and after this crime.
On Tuesday, FBI Director Kash Patel was subjected to rants by Senate Democrats and some liberal Republicans in a hearing on Capitol Hill, but little of it had to do with this shocking assassination that has terrorized millions of Americans. Instead, Democrats were more concerned about preventing unproductive federal workers from being fired.
Kirk’s death is a watershed moment for our country, and freedom of speech depends on how thoroughly this heinous crime is prosecuted.
John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.
