Quote the wording you think Trump used to organize an insurrection.
Juxtapose that with the wording you would be okay with him using to organize a protest.
Then try to tell me that the difference between them is "insurrection".
Juxtapose that with the wording you would be okay with him using to organize a protest.
Then try to tell me that the difference between them is "insurrection".
If Trump gave that speech this morning, with full knowledge of what transpired, you would have a strong case that he incited to "imminent lawless action." However, that key context isn't necessarily present yesterday morning when Trump actually gave his speech. You can make a case that a reasonable person should have known that a portion of the crowd would react in "imminent lawless action" (which would meet the bar). Likely, the courts would have judged that it's just "politicians saying things they don't mean" and dismissed it on the side of caution. However, the knowledge that imminent lawless action did occur as a result may persuade some people that a reasonable person really should have been able to predict this outcome, and thus that the speech actually meets the bar for incitement. It definitely is not a slam-dunk violation, but the fact that it isn't slam-dunk clear really should give you pause.
[1] 18 USC §2384 is the statutory definition of sedition. The mob yesterday meets all elements: "two or more persons" who "conspire[d]" to "by force" "delay the execution of any law of the United States." It isn't hyperbole to say that their act was sedition, it was literally sedition yesterday.