DOJ — ‘Absolutely no plans to charge Trump with incitement’…

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A senior Justice Department official says there are no plans to indict Donald Trump or anyone else who spoke at a rally just before the Capitol building was breached by a pro-Trump mob.

Ken Kohl, a senior prosecutor in the U.S. attorney’s office in Washington, said, “We don’t expect any charges of that nature.”

This will no doubt be enormously unsatisfying to Democrats who long to see Donald Trump do a perp walk into the federal courthouse.

ABC News:

Overnight, in the wake of [police officer Brian] Sicknick’s death, Rep. Rosa Delauro, D-Conn., issued a statement saying that while “the mob who attacked the People’s House” must be charged, “those who instigated them” must also be held accountable.
Rep. Don Beyer, D-Va., issued a similar statement, saying that “those who brought about this awful crime must be prosecuted and brought to justice.”
The bar for prosecuting a public official for incitement is extremely high, explained another official.

A 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,” especially because a politician’s “blustery, incendiary comments” are often still protected by the First Amendment, the official said, speaking on the condition of anonymity because he was not authorized to speak publicly.
“[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.

 

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