Megyn Kelly has covered the Charlie Kirk assassination case from day one.
After five days of testimony, the Kirk family is still waiting for a judge who won’t pull the trigger on a decision.
And Kelly just went after Utah Judge Tony Graf in terms that left no room for interpretation.
Five Days of Evidence, Zero Ruling
Tyler Robinson, the man accused of assassinating Charlie Kirk at a Turning Point USA event at Utah Valley University last September, was in a Provo, Utah, courtroom recently for a major preliminary hearing that will determine whether the case against him proceeds.
The fatal shooting of Kirk, who was the founder of the conservative youth movement Turning Point USA and a strong ally of President Donald Trump, occurred on September 10, 2025, at an outdoor rally at Utah Valley University in Orem, Utah. Kirk was killed when he was fatally shot in front of about 3,000 people.
Judge Tony Graf, of Utah’s Fourth District Court, oversaw the hearing to decide whether there is enough evidence to move forward with a trial. Robinson faces 10 charges, including aggravated murder, and the state is seeking the death penalty.
Prosecutors spent five days introducing new forensic evidence, surveillance video, and alleged admissions in the killing of Charlie Kirk. Prosecutors displayed the results from ballistics and DNA testing they argue links Robinson to the alleged murder weapon: a Mauser Model 98 .30-06 caliber bolt-action rifle found wrapped in a towel in a wooded area near campus.
The rifle contained one spent cartridge casing and three unfired rounds, which were each engraved with messages, said Sergeant Jennifer Faumuina, an investigator with the State Bureau of Investigation. Roughly a month before Kirk’s killing, Twiggs said Robinson asked for a Dremel to engrave bullets for an upcoming family hunting trip.
The state presented testimony from law enforcement officials, forensic evidence, and statements attributed to Robinson by his roommate, Lance Twiggs. Twiggs said during a police interview that Robinson told him one day after the shooting that he wished “he hadn’t” killed Kirk.
During the hearing, a letter allegedly written by Robinson, in which he appeared to confess to killing Kirk, was briefly broadcast by media cameras, despite the court ruling that the letter could not be filmed. According to the image that was briefly flashed on the screen, the note was addressed to Robinson’s roommate and lover Lance Twiggs, and referred to him by the name “Luna.” “If you are reading this per my text, then I am so sorry,” the letter says. “I had the opportunity to take out Charlie Kirk, and I took it.”
Authorities say Robinson claimed Kirk spread “too much hate,” and Robinson’s family said he espoused increasingly left-wing views, including on transgender ideology, in recent years.
And yet, after all of that, Judge Graf still sent everyone home without a ruling.
Kelly Unloaded on the Judge by Name
Megyn Kelly slammed the judge overseeing the preliminary hearing, branding him “feckless” and telling him to “grow a pair” as frustration mounted over delays in the closely watched proceedings. Speaking on *The Megyn Kelly Show* on YouTube, Kelly lashed out at Utah Judge Tony Graf after learning there would be no immediate ruling on whether Robinson should stand trial despite the conclusion of the five-day preliminary hearing.
She said: “Unfortunately, we will not be getting a decision today on the obvious conclusion that there is probable cause to hold Tyler Robinson over to trial in the case of Charlie Kirk’s assassination.”
Kelly called Graf “feckless” and said he “seems like he’s terrified to make a decision.” She also criticized Graf’s handling of disputes over courtroom procedure after media cameras briefly displayed a handwritten note from Robinson to former roommate Lance Twiggs that had not been cleared for public broadcast.
Calling the controversy “ridiculous,” Kelly argued the judge had overreacted by pausing proceedings to consider the issue instead of ruling immediately. “Evidence is not secret!” she said. “He works for us! Judge Graf works for us, the public defenders are on our dime, the people of Utah are paying for this entire proceeding.”
She wasn’t done.
She dismissed concerns that the brief display of the exhibit could prejudice Robinson’s constitutional rights, calling the dispute “legal subterfuge” and “bullsh*t.”
Kelly told the judge: “It’s called harmless error. Move on. Be a grownup, issue a ruling, use those two words and get down to the business of hearing actual evidence.”
Kelly was not alone in her frustration.
Criminal justice lawyer and Fox News legal contributor Donna Rotunno warned viewers on *Outnumbered* that the judge in the Charlie Kirk assassination preliminary hearing could be losing control of the courtroom.
Rotunno said, “He can stop all this and say, ‘I’ve heard enough evidence, there is enough to move this case on to trial, and we don’t need to continue along this path, because I’ve heard what I need to hear at this juncture.'” She added, “He does run the risk of becoming Judge [Lance] Ito. What we are watching here is that he is not taking control.”
Rotunno said the judge was not taking control of the timing, the scheduling, or the deadlines. She said the defense filed objections at the eleventh hour in the middle of the hearing, even as the court was allowing argument on the most significant piece of evidence expected.
Graf sanctioned media members after an exhibit was inadvertently shown and broadcast during the proceedings. Graf said he did not want to “rush or make snap decisions” before ruling that no further exhibits would be shown for the rest of the day, though the final video compilation was later allowed as an exception.
But Graf denying the defense request to remove cameras entirely was about the only decisive thing he did all week.
Kirk’s Family Wants Justice, Not More Delays
Charlie Kirk’s family is urging the Utah judge to move the assassination case forward without delay, arguing the five-day preliminary hearing produced “overwhelming evidence” against Robinson. In a court filing submitted on behalf of Erika Kirk and his parents, the family asked Judge Tony Graf to issue his probable cause decision no later than September 1. “A prompt determination is imperative in the interest of justice,” the filing says.
The family noted that the case is nearing the one-year anniversary of Kirk’s death and that Robinson has been under arrest for 10 months. “The defendant is entitled to a fair trial, and he must receive one,” the family’s attorneys wrote. “He is not, however, entitled to cause undue delay in the criminal justice process.”
The family described the proceedings as an “important step forward in the pursuit of justice for Charlie.” “Nothing will ever undo the loss of our beloved Charlie,” the statement continued.
When the court reconvenes on September 1, each party will take two hours to argue their cases. Following those oral arguments, Graf will not rule on guilt or innocence; his only question is whether there is enough evidence for the case to proceed to trial.
So the family of a murdered man has to wait until September to find out whether the judge thinks there’s enough evidence to bother holding a trial. And that’s after five days of DNA evidence, surveillance footage, engraved bullets, and an alleged written confession.
What exactly does Graf need?
Kelly’s frustration is not hard to understand. Charlie Kirk was shot dead in front of thousands of people at a public event. His widow sat in that courtroom all week. His parents had to walk out of the room when the footage became too graphic to bear. And after all of that, the judge needs more time to think about whether there’s probable cause.
The Kirk family’s attorney, Jeffrey Neiman, put it plainly when he told the court that shielding evidence from public view only feeds the conspiracy theories that have already taken root online. “To receive evidence in a manner shielded from those seated in the courtroom — as happened today — is not transparency,” Neiman wrote. “And in the absence of transparency, speculation and conspiracy theories related to the tragic assassination of Mr. Kirk will continue to proliferate in the public domain, breeding doubt and distrust in the judicial system.”
But Graf denied that request too.
The judge’s reluctance to move with any urgency is not just a procedural quirk. It sends a message to the Kirk family and to everyone watching that the system is more interested in protecting itself from criticism than in delivering the swift justice this case demands. Megyn Kelly called it exactly what it is. And the fact that a Fox News legal contributor independently reached the same conclusion on a separate program suggests the concern goes well beyond one podcast host venting frustration.
September 1 cannot come soon enough for Erika Kirk and her family.
Sources: Mediaite, The Megyn Kelly Show (YouTube), Deseret News, ABC4 Utah, Fox News Digital, CNN, Washington Examiner, KUTV, YourNews