Legal experts say participants in an online Discord chat where a suspect allegedly confessed to the fatal shooting of Turning Point USA founder Charlie Kirk are unlikely to face criminal charges unless investigators develop evidence that they actively aided, encouraged or conspired with the accused.
Hours before his arrest, police say 22-year-old Tyler Robinson posted in a Discord group, writing, "Hey guys, I have bad news for you all…It was me at UVU yesterday…I’m sorry for all of this." The FBI and local authorities are reviewing that chat as part of a broader investigation into the killing in Utah.
Federal Bureau of Investigation Director Kash Patel told senators on Sept. 16, 2025, that agents have identified scores of users in the chat and are pursuing legal process to obtain records so evidence can be used in any future prosecution. "We have to go out there with search warrants so that if prosecutors want to later use this evidence, it’s not tainted by being illegally obtained," Patel said, adding that agents are interviewing those closest to the suspect and others who may have information about his beliefs and activities.
Patel told the Senate hearing that investigators have served legal process not only on Discord but also on other platforms and that the FBI will "investigate anyone and everyone involved in that Discord chat." Sen. Josh Hawley, R-Mo., pressed the director on whether the bureau was identifying possible accomplices or people who may have encouraged Robinson. Patel said the inquiry includes family, community members and people tied to the suspect’s online presence.
Discord confirmed the company identified an account belonging to the suspect and said it is cooperating with authorities. In a statement, Discord said it has "not found or received any evidence that the suspect planned this incident on Discord or promoted violence on Discord" and that messages reported to mention weapon retrieval and planning "were not Discord messages, and likely took place on a phone-number based messaging platform."
Legal scholars and former prosecutors interviewed by news outlets said seeing a confession or remaining silent in a chatroom generally does not meet the legal threshold for criminal liability. "It’s not a crime to see people confessing to a crime. It’s not [a] crime to do nothing about that," said Eugene Volokh, professor emeritus at UCLA Law School and a senior fellow at the Hoover Institution at Stanford.
Former federal prosecutor Andy McCarthy said users can be prosecuted only if they participated in or agreed to a scheme to commit the crime. "It would be surprising to me if you looked at those people who were in the chats, as potential criminal defendants," McCarthy said. He added that users in the chat could serve as witnesses who might help investigators establish the suspect’s state of mind in the days before the killing.
Both Volokh and McCarthy cautioned that the law can criminalize solicitation or coordination of future violent acts. Volokh said praise or passive presence is not the same as soliciting further crimes. "There’s got to be something beyond simply hearing the confession and simply doing nothing," he said. "If you say, ‘Here’s a list of other people you should kill,’ in principle, that might be solicitation of future crimes."
Local authorities in Utah arrested Robinson after the messages surfaced, and state officials have said the suspect was not cooperating with investigators immediately after his arrest. Police booked Robinson on charges related to the killing, releasing a mugshot that has been circulated by media outlets.
Investigators face legal and technical hurdles in obtaining and preserving digital evidence. Patel emphasized the need for search warrants and legal process to ensure that material gathered from platforms such as Discord can be admitted in court. Authorities say they are pursuing records and interviewing those connected to the suspect to build a complete picture of events leading up to the killing.
The case has drawn public attention to the way online communities intersect with violent acts and to the limits of criminal liability for bystanders who witness confessions or disturbing claims on social media and messaging platforms. Legal experts said the same principles that govern older forms of communication apply online: criminal liability typically requires affirmative conduct that furthers a criminal plan, not merely passive observation.
The FBI continues to coordinate with local law enforcement and technology companies as it investigates the shooting and possible online activity tied to the suspect. Prosecutors will ultimately decide whether any users beyond the suspect face charges, based on evidence that can be lawfully obtained and shown to meet statutory standards for aiding, abetting, conspiracy or solicitation.