DOJ Will Seek Death Penalty for Accused Murderer Elias Rodriguez

Elias Rodriguez, the man accused of murdering two Jewish embassy staff members in Washington DC, is going to be facing hate crime charges and the death penalty if convicted.

The indictment against Elias Rodriguez is expected to include special findings for capital punishment, where the Justice Department indicates it can pursue the death penalty, one of the sources said.

The charges, if approved by a grand jury, would position the case as a centerpiece of the Trump Justice Department’s fervent approaches toward both violent crime and targeted hate against the Jewish community.

The department vowed to seek swift and severe punishment against Rodriguez, who prosecutors say gunned down Yaron Lischinsky and Sarah Milgrim as they were leaving an event at the Capitol Jewish Museum in May. Rodriguez allegedly shot dozens of times as the pair fell to the ground and as Milgrim, mortally wounded, tried to crawl away.

The grand jury sitting in the DC federal court has heard testimony from several witnesses, including acquaintances, family and friends of Rodriguez, a third person familiar with the case told CNN. That type of testimony indicates the prosecutors were likely pursuing for weeks evidence that could back up hate crime charges as well as a capital case, rather than standard gun violence charges, the person said.

Rodriguez fired 21 shots in all. He made sure both victims were dead before ditching his weapon and turning himself into police. From the moment this happened there has been evidence that Rodriguez confessed to the crime and even made it clear to bystanders why he had done it. The FBI affidavit in support of the charges against Elias Rodriguez made this pretty clear.

Upon arriving at the scene ,MPD Officer-1 canvassed the area for cameras and observed several affixed to the Museum. Officer-1 and his partner (Officer-2) entered the building to inquire about the cameras and identify witnesses. Once inside, RODRIGUEZ asked to speak with the officer. RODRIGUEZ then stated that he “did it” and that he was unarmed. RODGRIQUEZ was taken into custody and identified by Illinois Driver’s license and Firearms Owner’s Identification Card as Elias A Rodriguez. RODRIGUEZ spontaneously stated on scene to MPD, “I did it for Palestine, I did it for Gaza, I am unarmed.”

Rodriguez also wrote a manifesto of sorts justifying the crime.

Federal prosecutors cite in the indictment a document allegedly authored by Rodriguez titled “Explication,” dated just one day before the shooting. In the writings, the author addresses the humanitarian crisis in Gaza and suggests the latest death toll has been underestimated.

Prosecutors also point to online posts and messages allegedly written by Rodriguez dating back to January 2024 that they say showed support for violence against Israelis. Among them, on Jan. 1, 2024, Rodriguez allegedly posted to social media, “Happy New Year, Death to Israel,” according to the indictment.

Finally, there’s the video of his arrest in which he begins shouting “Free, free Palestine!”

This is the terrorist Elias Rodriguez, who shot and killed a Jewish couple outside the Jewish museum in DC.

‘Free Palestine’ can now OFFICIALLY be considered a terrorist chant.

pic.twitter.com/nVPqqa87su

— Dr. Maalouf ‏ (@realMaalouf) May 22, 2025

This case might set up a kind of legal test of the claim that anti-Zionism is completely different from anti-Semitism, which is the claim many anti-Israel activists like to make in their own defense. In this case, Rodriguez’s statements about Israel and Palestine are undeniably anti-Zionist, he’s not shouting “Kill the Jews!” he’s shouting about freeing Palestine. On the other hand, he (allegedly) murdered a young Jewish couple mercilessly in the street. It’s sort of hard to argue that’s not anti-Semitic, though I suspect his defense attorneys will try.