A bizarre Kash Patel comment could derail Kirk killer prosecution: legal expert

FBI Director Kash Patel’s parting words to slain right-wing influencer Charlie Kirk, that he would see him “in Valhalla,” the utopian realm from Norse mythology, may end up jeopardizing the prosecution of Kirk’s suspected killer, one former prosecutor said Saturday.

“You have to be careful when you're running an investigation as a law enforcement officer,” said Robert James, former district attorney for DeKalb County in Georgia, speaking on CNN Saturday.

“Impartiality is very important when you're looking at facts and determining who did what, what the motivation was and that sort of thing. So you never want to put yourself in a position where lawyers get involved and then you open yourself up to cross examination in a courtroom about your perception or perspective, and it happens in high-profile homicide cases all the time.”

Kirk was shot and killed Wednesday speaking at an event at Utah Valley University, with the suspect, 22-year-old Utah resident Tyler Robinson, being apprehended on Friday. Also on Friday, Patel, speaking during a press conference following Robinson’s arrest, made the remarks in question: “To my friend Charlie Kirk, rest now brother, we have the watch and I’ll see you in Valhalla.”

Patel’s comments sparked confusion online, largely over the use of Norse mythology given that Patel is Hindu, and Kirk, an evangelical Christian. On the legal side, however, Patel’s comments could raise questions in court as to whether the FBI’s investigation was compromised – or at least, impacted – by impartiality, James warned.

“For instance, I've prosecuted cases where police officers were killed, and the same police department investigated those cases and it's always a question when the officers are on the stand, whether or not their opinions are slanted or motivated by the grief or anger of what happened, and so it's the same type of scenario here, so you have to be careful,” James said.