DOJ considers hate crime charges in Charlie Kirk assassination case

Career prosecutors warned that framing the case as religiously motivated stretched existing statutes, while Trump, Vance, and others pledged justice
UPDATED DEC 13, 2025
Federal officials debated whether Tyler Robinson’s alleged killing of Charlie Kirk could be prosecuted as an anti‑Christian hate crime (Getty Images/Utah Governor's Office)
Federal officials debated whether Tyler Robinson’s alleged killing of Charlie Kirk could be prosecuted as an anti‑Christian hate crime (Getty Images/Utah Governor's Office)

WASHINGTON, DC: The Justice Department is reportedly weighing a novel legal strategy to bring federal hate crime charges against Tyler Robinson, the man accused of assassinating conservative icon Charlie Kirk.

According to an NBC News report published on Saturday, December 13, federal authorities are considering whether the murder constitutes an anti-Christian hate crime.

The investigation, now three months into the aftermath of the killing of the Turning Point USA founder, faces internal debate. While Robinson faces state-level aggravated murder charges and a potential death penalty in Utah, the DOJ is exploring avenues to step in.

Attorney Kathryn Nester, left, speaks to Tyler Robinson, who is accused of fatally shooting Charlie Kirk, during a hearing, Thursday, Dec. 11, 2025, in Fourth District Court in Provo, Utah. (Rick Egan/The Salt Lake Tribune via AP, Pool)
Attorney Kathryn Nester, left, speaks to Tyler Robinson, who is accused of fatally shooting Charlie Kirk, during a hearing, Thursday, December 11, 2025, in Fourth District Court in Provo, Utah (Rick Egan/The Salt Lake Tribune via AP, Pool)

Novel legal theory meets resistance 

Three sources familiar with the matter revealed that the department is examining whether Robinson’s actions were religiously motivated.

Robinson’s partner is reportedly transgender, and text messages recovered by authorities allegedly showed the suspect claiming that he had "enough of his hatred."

Harmeet Dhillon (dhillonlaw.com)
Assistant Attorney General Harmeet Dhillon’s Civil Rights Division is reportedly reviewing the case options (dhillonlaw.com)

Prosecuting the case as an anti-Christian hate crime would require equating anti-trans views with Christian beliefs in this specific context. This unprecedented approach has reportedly sparked pushback from career prosecutors.

“They are trying to shove a square peg into a round hole,” one source familiar with the federal probe told NBC, arguing that the crime did not neatly fit existing statutes.

DOJ explores 'all options' for justice

Despite the hesitation from some staff, a fourth source maintained that prosecutors are 'considering all of their options' to ensure accountability.

The DOJ remains 'confident' in the state’s death penalty case but noted that involving the Civil Rights Division opens more avenues for justice.

“The federal investigation remains ongoing, and we will not hesitate to charge when appropriate,” the source said. “Involving the Civil Rights Division only opens more potential avenues to charge this suspect.”

WEST PALM BEACH, FLORIDA—JULY 26: Charlie Kirk, who founded Turning Point USA, speaks before former President Donald Trump's arrival during a Turning Point USA Believers Summit conference at the Palm Beach Convention Center on July 26, 2024 in West Palm Beach, Florida. Trump had earlier in the day met with Israeli Prime Minister Benjamin Netanyahu at Mar-a-Lago. (Photo by Joe Raedle/Getty Images)
Charlie Kirk, who founded Turning Point USA, speaks before Donald Trump's arrival during a Turning Point USA Believers Summit conference at the Palm Beach Convention Center on July 26, 2024, in West Palm Beach, Florida (Joe Raedle/Getty Images)

Tyler Robinson faces judge in person

As federal strategies are debated in Washington, the case in Utah took a significant step forward. Robinson appeared in person for a court hearing in Provo, Utah, on Thursday.

This marked the first time the suspect stood physically before a judge, a shift from previous camera-based hearings. Robinson has not yet entered a plea to the charges.

Prosecutors in Utah have already indicated they plan to seek the death penalty, citing the severity of the assassination.

Charlie Kirkappears at Utah Valley University on September 10, 2025 in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his
Charlie Kirk appears at Utah Valley University on September 10, 2025, in Orem, Utah (Trent Nelson/The Salt Lake Tribune/Getty Images)

Jurisdiction based hurdles complicate the case

The federal case faces specific legal hurdles. Unlike the stalking charges recently brought against Luigi Mangione, Robinson did not cross state lines to commit the crime at Utah Valley University.

Additionally, Kirk was not a federal official, which removes the standard lane for federal prosecution.

Charlie Kirk throws a
Charlie Kirk throws a 'Make America Great Again' hat to the crowd at Utah Valley University on September 10, 2025, in Orem, Utah (Trent Nelson/The Salt Lake Tribune/Getty Images)

However, the assassination is widely regarded by conservatives as an act of domestic terrorism. However, no specific federal domestic terrorism law currently exists to simplify the charges.

Trump allies push for accountability

President Donald Trump, Vice President JD Vance, and Attorney General Pam Bondi have all pledged to ensure that justice is served for the celebrated MAGA figure.

The DOJ’s Civil Rights Division is now led by Assistant Attorney General Harmeet Dhillon, a staunch conservative ally who previously represented Trump.

LANDOVER, MARYLAND - DECEMBER 14: U.S. President-elect Donald Trump and Vice President-elect JD Vance attend the 125th Army-Navy football game at Northwest Stadium on December 14, 2024 in Landover, Maryland. Trump is attending the game with lawmakers and Cabinet nominees including, Vice President-elect JD Vance, Speaker of the House Mike Johnson (R-LA), Defense Secretary nominee Pete Hegseth, incoming Senate Majority Leader John Thune (R-SD) and others. (Photo by Kevin Dietsch/Getty Images)
The Trump administration has pledged to do 'whatever necessary' to bring justice in the Kirk case (Kevin Dietsch/Getty Images)

The federal prosecutor’s office in Utah has also seen leadership changes, with Melissa Holyoak appointed as Interim US Attorney by Bondi in November, signaling a unified front in the pursuit of justice for Kirk.

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