They still need a statute under which to prosecute. I think this is one of those cases where a few fools like Nadler will talk about Federal charges, but the professional federal prosecutors won’t touch it. Not because they’re nice guys or anything, but because they simply don’t have a case.
What do they need to do before they prosecute?
They need to investigate.
Would you trust the FBI to investigate Kyle?
The FBI probably has at least dozen different ways to frame Kyle, already planned. They just need the go-ahead from the extra-judicial, above the law Garland and the corrupt functionaries at the DOJ...and they may have just gotten their marching orders from Nadler, and others in Congress and the Media.