No, Trump Isn’t Guilty of Incitement
Inflaming emotions isn’t a crime. The president didn’t mention violence, much less provoke it.
House Democrats have drafted an article of impeachment that accuses President Trump of “incitement to insurrection.” Acting U.S. Attorney Michael Sherwin said Thursday that his office is “looking at all actors here and anyone that had a role” in the Capitol riot. Some reporters have construed that as including Mr. Trump.
The president didn’t commit incitement or any other crime. I should know. As a Washington prosecutor I earned the nickname “protester prosecutor” from the antiwar group CodePink. In one trial, I convicted 31 protesters who disrupted congressional traffic by obstructing the Capitol Crypt. In another, I convicted a CodePink activist who smeared her hands with fake blood, charged at then-Secretary of State Condoleezza Rice in a House hearing room, and incited the audience to seize the secretary of state physically. In other cases, I dropped charges when the facts fell short of the legal standard for incitement. One such defendant was the antiwar activist Cindy Sheehan.
https://www.wsj.com/articles/no-tru...rYcRpGgVhFsDCbWWHTNMPnNdkJfgP3NJ1MlpvqYIfljEg
The president didn’t mention violence on Wednesday, much less provoke or incite it. He said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
Inflaming emotions isn’t a crime. The president didn’t mention violence, much less provoke it.
House Democrats have drafted an article of impeachment that accuses President Trump of “incitement to insurrection.” Acting U.S. Attorney Michael Sherwin said Thursday that his office is “looking at all actors here and anyone that had a role” in the Capitol riot. Some reporters have construed that as including Mr. Trump.
The president didn’t commit incitement or any other crime. I should know. As a Washington prosecutor I earned the nickname “protester prosecutor” from the antiwar group CodePink. In one trial, I convicted 31 protesters who disrupted congressional traffic by obstructing the Capitol Crypt. In another, I convicted a CodePink activist who smeared her hands with fake blood, charged at then-Secretary of State Condoleezza Rice in a House hearing room, and incited the audience to seize the secretary of state physically. In other cases, I dropped charges when the facts fell short of the legal standard for incitement. One such defendant was the antiwar activist Cindy Sheehan.
https://www.wsj.com/articles/no-tru...rYcRpGgVhFsDCbWWHTNMPnNdkJfgP3NJ1MlpvqYIfljEg
The president didn’t mention violence on Wednesday, much less provoke or incite it. He said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

