The Charlie Kirk Show

Podbit · The Charlie Kirk Show

Jeff Metcalf on Enduring the Unendurable

Explore episode Jul 6, 2026
Government
Why the Defense Should Have Waived the Preliminary Hearing

Jeff Metcalf on Enduring the Unendurable · Jul 6, 2026 Government

Jay Town says he's baffled that Tyler Robinson's defense team didn't waive the preliminary hearing. The defense has already received every piece of evidence, so there is nothing to gain from discovery — but everything to lose by letting the world watch the overwhelming case unfold in public. The tinfoil hat crowd loses its cover story once the ballistics, DNA, and fingerprints are public.

2m 50s

Where this was said

Jay Town: Why Didn't the Defense Waive the Preliminary Hearing?

At 14:00 · chapter starts 13:34

The legal analysis sharpens as Town zeroes in on what he considers the defense's biggest strategic error: not waiving the preliminary hearing. Since the defense has already received every piece of prosecution evidence in discovery, there was nothing to gain — and yet they've now given the prosecution an open stage to parade damning evidence before the entire world. Town points out that hearsay is admissible in a preliminary hearing but not at trial, meaning officers can testify about conversations with other witnesses without being subject to cross-examination — and that testimony won't even be admissible later, so there's no impeachment value for the defense. He begins to hint at a harsher verdict on the defense team's competence: 'I don't know that this defense team is the dream team.' The hosts and Town speculate on whether the strategy is to taint the jury pool, break the prosecution's will, or simply delay until memories fade.

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