https://theleoterrell.com/doj-says-it-has-no-plans-to-charge-trump-with-incitement/
A senior official at the Justice Department says there are no plans to indict President Donald Trump or anyone else who spoke at the rally that took place just before the riot at the Capitol last Wednesday.
“We don’t expect any charges of that nature,” said Ken Kohl, a senior prosecutor in the U.S. attorney’s office.
This will indeed be a major blow to the Democrats, who have long wished to see Donald Trump behind bars.
Despite calls for impeachment and even indictment, the bar for prosecuting a public official for incitement is extremely high, an anonymous official explained to PJ Media.
The current Justice Department official called it a “moonshot” to suggest that “there’s any hook for criminal liability for Trump.”
“Encouragement can cause criminal liability, but it’s got to be…more than a politician making reckless comments to their base,” because most comments are still protected by the First Amendment, the official said.
“[Even] if Trump were in communication with protesters who said, ‘We’re going to storm the Capitol,’ and Trump said, ‘Go for it,’ I don’t know if that gets you [to a criminal charge],” the official added.
For a conviction to happen, there has to be knowledge or intent that the words would lead to a violent action, which in this case is unlikely.