A former U.S. Attorney said that an insanity defense for Charlie Kirk's accused assassin would be difficult to pursue based on the evidence prosecutors have cited.
Kirk, 31, was shot and killed while speaking at Utah Valley University on September 10. Tyler James Robinson, 22, has been charged in the case and could face the death penalty if convicted.
Speaking to Hugh Hewitt, former federal prosecutor Andrew C. McCarthy noted that an insanity defense is primarily predicated on whether the person understood right and wrong when they acted, and whether they are mentally stable enough to go to trial.
McCarthy told Hewitt that in a large number of murder cases, defendants often are "unstable" or have "mental problems," but that does not mean they meet the standards for an insanity defense.
In the Kirk case, McCarthy said that if the evidence prosecutors have released is true, it "powerfully shows a lot of planning." For example, McCarthy said Robinson's apparent plan to escape and his concern about evidence all show a level of thoughtfulness
Kirk was the founder of Turning Point USA, an organization that focused on reaching out to young people on college campuses. Kirk started the organization when he was 18 and was considered a political ally to President Donald Trump.
In terms of jurisdiction, McCarthy said he thought the case should be a straightforward state prosecution, rather than a federal prosecution.
Will "insanity" serve as a defense for the killer of Charlie? Andrew C. McCarthy joined Hugh to review why that defense won't fly, no matter the mental illness the killer maybe suffered from.https://t.co/JLvveAHoLb pic.twitter.com/a8lisGQg8C
— HughHewittShowLinks (@HHSLinks) September 16, 2025
