Snapshot · The Charlie Kirk Show
The defense is seeking the source code for a proprietary foreign DNA deconvolution software program used in the case, raising questions about whether a US court can compel a foreign entity to produce it.
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At 1:03:00 · 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. [1] — Andrea Burkhardt "The Tyler Robinson defense is demanding the source code for a proprietary DNA deconvolution software program to challenge the forensic anal…" 1:02:00 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.
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.
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