Speaking on Fox News’ Outnumbered, co-host Kayleigh McEnany condemned the delay, arguing it denies justice to Kirk’s family despite what she described as overwhelming evidence presented during the preliminary hearing, News.Az reports.
“This is inexcusable,” McEnany said.
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The criticism followed testimony detailing evidence prosecutors say links Tyler Robinson to the fatal shooting, including alleged text messages in which Robinson admitted responsibility, a handwritten confession reportedly left for his former roommate Lance Twiggs, ballistic evidence, DNA evidence, and testimony that Robinson had engraved bullets before the shooting.
McEnany questioned why the court had not yet ruled on probable cause, calling it “such a low bar.”
“There’s ballistic evidence. There’s DNA evidence. There’s a texted confession. There’s the roommate saying he confessed to me,” she said, adding that Kirk’s widow, Erika Kirk, had been forced to wait nearly a year to learn whether the case will even go to trial.
The judge scheduled additional oral arguments for Sept. 1 before deciding whether Robinson will stand trial.
McEnany also cited Utah’s victims’ rights law, arguing the statute guarantees victims “the right to a speedy disposition of the charges” and accused the court of failing to honor that commitment.
The panel noted that Kirk’s family has attended every day of the preliminary hearing while continuing to await a ruling.
According to testimony played in court, Twiggs said Robinson confessed multiple times after the shooting, including through a note allegedly left beneath his keyboard and in text messages. Prosecutors also said investigators recovered engraved bullets alongside what they believe to be the murder weapon.
The hearing concluded without an immediate ruling, leaving the Kirk family waiting until at least early September for the judge’s decision.


