The Charlie Kirk Show

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Tyler Robinson Hearing Aftermath: Day 1

Explore episode Jul 7, 2026
True Crime
The DNA Software Problem: A New Zealand Company and the Supremacy Clause

Tyler Robinson Hearing Aftermath: Day 1 · Jul 7, 2026 True Crime

The Tyler Robinson defense is demanding the source code for a proprietary DNA deconvolution software program to challenge the forensic analysis. The problem: the software is owned by a New Zealand or Australian government entity. A US state court cannot subpoena a foreign sovereign. Andrea Burkhardt walks through why this is legally thorny — and why the internet will almost certainly misread it.

2m 30s

Where this was said

The DNA Software Problem and Discovery Complications

At 1:02:00 · chapter starts 1:00:00

Andrea Burkhardt walks through two distinct discovery complications that will likely generate online confusion. First, cases involving both state and federal law enforcement are inherently messy because the Supremacy Clause means federal agencies cannot be ordered to produce documents by a state court — they have their own separate processes. Second, the defense has specifically demanded the source code for a proprietary DNA deconvolution software program used to analyze a complex DNA mixture from the crime scene. The problem: Andrea and Blake agree the software appears to be owned by the New Zealand or Australian government. A US state court cannot compel a foreign sovereign entity to turn over its intellectual property. Andrea explains why the defense's request is legitimate and understandable from a scientific challenge standpoint, while noting whether the court can actually order it is a genuinely open legal question.

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