A Washington Post article indicates that Trump did not incite the storming of the U.S. Capitol on January 6 with his speech. Evidence suggests the attack was planned in advance:
“Self-styled militia members from Virginia, Ohio and other states made plans to storm the U.S. Capitol days in advance of the Jan. 6 attack, and then communicated in real time as they breached the building on opposite sides and talked about hunting for lawmakers, according to court documents filed Tuesday.
“While authorities have charged more than 100 individuals in the riot, details in the new allegations against three U.S. military veterans offer a disturbing look at what they allegedly said to one another before, during and after the attack — statements that indicate a degree of preparation and determination to rush deep into the halls and tunnels of Congress to make “citizens’ arrests” of elected officials.
“U.S. authorities charged an apparent leader of the Oath Keepers extremist group, Thomas Edward Caldwell, 66, of Berryville, Va., in the attack, alleging that the Navy veteran helped organize a ring of dozens who coordinated their movements as they “stormed the castle” to disrupt the confirmation of President-elect Joe Biden’s electoral college victory.
“The arrests this weekend of several people with alleged ties to far-right extremist groups, including the Oath Keepers, the Proud Boys and the Three Percenters, suggest that the riot was not an entirely impulsive outburst of violence but an event instigated or exploited by organized groups.”
“This is the first step toward identifying and understanding that there was some type of concerted conspiracy here,” said one senior official with the U.S. Attorney’s Office for the District of Columbia, which is leading the investigation.
CNN reported the same conclusion:
“Evidence uncovered so far, including weapons and tactics seen on surveillance video, suggests a level of planning that has led investigators to believe the attack on the US Capitol was not just a protest that spiraled out of control, a federal law enforcement official says.”
Writes Democrat Jonathan Turley in The Hill:
Democrats are seeking to remove Trump on the basis of his remarks to supporters before the rioting at the Capitol. Like others, I condemned those remarks as he gave them, calling them reckless and wrong. I also opposed the challenges to electoral votes in Congress. But his address does not meet the definition for incitement under the criminal code. It would be viewed as protected speech by the Supreme Court.
When I testified in the impeachment hearings of Trump and Bill Clinton, I noted that an article of impeachment does not have to be based on any clear crime but that Congress has looked to the criminal code to weigh impeachment offenses. For this controversy now, any such comparison would dispel claims of criminal incitement. Despite broad and justified condemnation of his words, Trump never actually called for violence or riots. But he urged his supporters to march on the Capitol to raise their opposition to the certification of electoral votes and to back the recent challenges made by a few members of Congress. Trump told the crowd “to peacefully and patriotically make your voices be heard.”
The damage caused by the rioters this week was enormous, however, it will pale in comparison to the damage from a new precedent of a snap impeachment for speech protected under the First Amendment. It is the very threat that the framers sought to avoid in crafting the impeachment standard. In a process of deliberative judgment, the reference to a snap impeachment is a contradiction. In this new system, guilt is not doubted and innocence is not deliberated.
Here is the full speech: