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Experts debunk Tyler Robinson’s ballistics claim: ‘Unable to identify is not the same as ruled out’

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Facing what appears to be an extensive body of evidence, attorneys for accused Charlie Kirk killer Tyler Robinson signaled in a new filing they may call an ATF agent to the stand — if his inconclusive ballistic findings undercut the case.

“Regarding the firearm evidence, the defense has been provided with an ATF summary report which indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson,” Robinson’s attorneys wrote in a motion to vacate or postpone their client’s preliminary hearing. “Although the State has not indicated an intent to produce this report at the preliminary hearing, the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence.”

The brief line appears to indicate that the defense doesn’t think prosecutors can prove the bullet that killed Kirk came from the Mauser rifle recovered near the crime scene, which prosecutors allege had Robinson’s DNA on it and had been given to him by his father.

But experts say inconclusive testing doesn’t mean the match has been ruled out, and investigators have compiled other evidence in the case — including allegations that Robinson confessed or implied guilt to family and friends.

MAN CHARGED IN CHARLIE KIRK’S ASSASSINATION SEEKS TO SEAL EVIDENCE FROM PUBLIC

“It’s not uncommon for a round that went through a human body, especially if it traveled through tissue, to say conclusively that it’s tied to a specific firearm, because by nature the projectile is supposed to transfer all of its kinetic energy, and it often disintegrates into fragments and whatnot,” said Bernard Zapor, a former ATF special agent in charge and faculty associate at Arizona State University. “The fact that it went through several bone structures, there was going to be very little left.”

As a result, it would be unfair to conclude that the bullet hadn’t been fired out of the rifle police recovered nearby, experts told Fox News Digital.

“Unable to identify is not the same as ruled out,” said retired FBI supervisor agent Jason Pack. “That’s a finding of inconclusiveness, not exoneration.”

HOW AND WHERE LAW ENFORCEMENT TRACKED TYLER ROBINSON’S ALLEGED PATH ACROSS UVU CAMPUS

According to the Utah County Prosecutor’s Office, Robinson arrived at Utah Valley University around 11:51 a.m. on Sept. 10, 2025, the day of Kirk’s murder. They allege he walked in through a tunnel under Campus Drive and climbed a staircase to the rooftop of the Losee Center, which overlooks the courtyard where Kirk was speaking.

At 12:20 p.m., a single bullet struck Kirk in the neck. Prosecutors have said campus police found marks left behind on the gravel rooftop moments after the shooting “consistent with a sniper having lain [there] — impressions in the gravel potentially left by the elbows, knees and feet of a person in a prone shooting position.”

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Police later found the alleged murder weapon wrapped in a towel and hidden in a small patch of woods just off campus. Crime lab testing allegedly found DNA consistent with Robinson’s on the gun, on the towel and on three of the four rounds inside.

“To me that’s not problematic, but obviously the defense is gonna make big hay out of that, because they want to have the firearm removed from the case,” Zapor said. “If the shell casing has his DNA on it, [prosecutors] are solid.”

There are a number of reasons why the fired bullet may not have been a conclusive match, experts told Fox News Digital, and additional lab testing is pending.

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“Nobody outside the ATF lab knows why they couldn’t make the match yet because the defense still hasn’t received the underlying case file and protocols,” Pack told Fox News Digital. “Was the bullet too damaged? Was it a methodology question? That answer isn’t in the record right now.”

Other evidence in the case includes a text message conversation prosecutors allege Robinson had with his roommate and romantic partner, Lance Twiggs, after the shooting.

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Robinson allegedly discussed wanting to retrieve a rifle before returning home from Orem, which is about a four-hour drive from where he lived in Washington County. Twiggs is cooperating with investigators and has not been charged with a crime.

In another message, Robinson allegedly wrote he was “stuck in Orem for a little while longer yet. Shouldn’t be long until I can come home, but I gotta grab my rifle still. To be honest I had hoped to keep this secret till I died of old age. I am sorry to involve you.”

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“You weren’t the one who did it right????” the roommate texted back.

“I am, I’m sorry,” Robinson allegedly replied.

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Robinson faces a top charge of aggravated murder, which carries the potential death penalty upon conviction. He is also accused of felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and committing a violent offense in the presence of a child.

While Robinson’s defense is seeking to put off his preliminary hearing for another six months, Kirk’s widow, Erika Kirk, has filed a notice with the court invoking her right to seek a speedy trial as a victim under Utah law.

Kirk, the founder of Turning Point USA, was speaking at an event as part of a national speaking tour and sponsored by the campus chapter of the organization, which promotes conservative principles among students across the country.

He was a married father of two.

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DUKE: Pritzker’s Deep Pockets

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‘It is notable’
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MORNING GLORY: Dems’ Bernie-backed oyster farmer hands Susan Collins a massive 2026 advantage

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“Extreme Makeover” is a brand of reality show that has succeeded both when applied to participants who needed to change their health habits, hygiene and clothing choices, as well as when applied to participants’ homes, which had disrepair or structural issues that needed fixing.

The programs “worked” because the premise is simple: People and domiciles — no matter how messed up — can change, can be made attractive and functional with the right amount of attention, care and craftsmanship.

Now comes a new offshoot: “Extremist Makeover.”

While not yet a reality show on a streaming platform, this reboot is far advanced in development within the Democratic Party.

MICHIGAN DEM REP DECLINES TO SUPPORT PLATNER AFTER RESURFACED RAPE COMMENTS

The Democratic candidate for the United States Senate seat in Maine — currently occupied by perhaps the most moderate, intelligent, trusted, hard-working and admired senator on both sides of the aisle, Sen. Susan Collins — is going to be oysterman Graham Platner.

Platner is not a “liberal.” He’s not a “leftist.” He’s an extremist. Platner is from that land “beyond the fringe” in American politics that occasionally throws up onto the election beaches a candidate from the wacky left or wacky right after an intra-party primary campaign, a nominee who simply doesn’t play within the “10s,” much less the “40s,” of American political football.

The extremists luck out in the primary for a variety of oddball reasons, and then their parties pretend to be surprised when their oddball nominees get thumped in the general election.

SUSAN COLLINS SHRUGS OFF ATTACKS BY DEMOCRATS AND TRUMP, SAYS MAINE VOTERS ‘DON’T VOTE PARTY LINE’

So, I predict, it will turn out with Mr. Platner, whose many, er, idiosyncrasies have been tumbling into public view for a couple of months now.

Platner’s most famous “eccentricity” thus far is his “Totenkopf” tattoo of the death’s head worn proudly during the Nazi era by Hitler’s Schutzstaffel (SS), particularly by the SS-Totenkopfverbaende, one of the original three branches of the SS, along with the Allgemeine SS and the Waffen SS. The SS-Totenkopfverbaende were guards at the concentration-extermination camps. Of many vile symbols of that regime, this is the equal of any of them when it comes to projecting evil purpose and deadly, arbitrary killing. Asking for that tattoo is a deliberate choice. Keeping it for years and years is another.

So, too, are the many Reddit posts Mr. Platner has made over his life, which cover the waterfront of bigotries and what we used to quaintly call “hate speech,” but which Democrats now call either “opportunities to grow,” or, more truthfully, auditions.

DAVID MARCUS: WILL THE NORMAL DEMOCRATS PLEASE STAND UP?

Sen. Collins has faced leftist Democrats before in past elections. In her most recent campaign, in 2020, Democrats nominated the very left-wing Speaker of the Maine House, Sara Gideon. Despite being outspent by more than 2-to-1 (pro-Gideon spending was just shy of $48 million, while Collins’ war chest was $23 million) and being behind in nearly every single major poll from start to finish, Collins won her race by nine points, even though then-candidate Joe Biden beat President Donald Trump by the same margin. So nearly 20% of Mainers in 2020 switched from voting for a Democrat at the top of the ticket to a Republican on the next line in the Senate race.

That’s not just because Collins is genuinely liked and admired across Maine, which she is. Collins is also the powerful Chair of the Senate Appropriations Committee, and thus in a position to help Mainers across the board, from every employee at Bath Iron Works, to every lobsterman or fisherman beset by ridiculous federal regulations, and every year-round Mainer beset by soaring heating costs in the winter because of Democrats obstructing pipeline permitting that would significantly lower the cost of getting energy to the Pine Tree State.

And it’s also not just because Collins is so widely respected that she is on the Senate’s Intelligence Committee, where only the most trusted senators from both parties serve, superintending the nation’s most secretive programs.

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It is also because Collins is a superb politician, always out and about across her state asking Mainers for their vote.

Collins is from “the County,” the enormous and farthest-north Aroostook County, which is as authentically Maine as one can get. Collins is also the equal of any example of a gracious and welcoming elected official who understands that the job of senator is to serve her constituents, not grandstand on far-left podcasts.

Collins and Platner could not be more different. It is possible that “normal” and welcoming Maine wants a radical, verbal bomb-throwing extremist as its next senator. But I don’t think so.

It’s rare to have a Susan Collins represent your state from positions of power and influence and do so with class and humility. To trade that in for a death’s skull and online bigotry doesn’t seem like a bet Mainers are going to make, no matter how many millions of dollars the Antifa-adjacent pour into the race from the far-left spread across the country.

Hugh Hewitt is a Fox News contributor and host of “The Hugh Hewitt Show” heard weekday afternoons from 3 PM to 6 PM ET on the Salem Radio Network, and simulcast on Salem News Channel. Hugh drives Americans home on the East Coast and to lunch on the West Coast on over 400 affiliates nationwide, and on all the streaming platforms where SNC can be seen. He is a frequent guest on the Fox News Channel’s news roundtable, hosted by Bret Baier weekdays at 6pm ET. A son of Ohio and a graduate of Harvard College and the University of Michigan Law School, Hewitt has been a Professor of Law at Chapman University’s Fowler School of Law since 1996 where he teaches Constitutional Law. Hewitt launched his eponymous radio show from Los Angeles in 1990. Hewitt has frequently appeared on every major national news television network, hosted television shows for PBS and MSNBC, written for every major American paper, has authored a dozen books and moderated a score of Republican candidate debates, most recently the November 2023 Republican presidential debate in Miami and four Republican presidential debates in the 2015-16 cycle. Hewitt focuses his radio show and his column on the Constitution, national security, American politics and the Cleveland Browns and Guardians. Hewitt has interviewed tens of thousands of guests from Democrats Hillary Clinton and John Kerry to Republican Presidents George W. Bush and Donald Trump over his 40 years in broadcasting. This column previews the lead story that will drive his radio/ TV show today.

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Trump opens Hormuz under fire with ‘Project Freedom’ as Iran warns of attacks

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The U.S. military’s Project Freedom operation moves ships through the Strait of Hormuz under fire as Iran threatens to attack any foreign presence.
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