Trump will likely get away with telling his followers to storm the capitol
Because he didn’t. He very carefully didn’t. And 1A protections are extremely broad and extremely strong. Pretty much anything short of “You guys, go storm the capitol right now and overturn the election!” is going to be protected speech, and he didn’t say that. He carefully avoided saying that, intentionally.
What they’ll get him on as far as the attack (if anything) will be if he was involved in planning and staging it on the back end - if for example he was coordinating with people who were directly instrumental in shifting it from a protest at the steps of the capitol to an attack on the capitol in the hours, days, or weeks beforehand. Because his speech was definitely 1A protected.
Because he didn’t. He very carefully didn’t. And 1A protections are extremely broad and extremely strong. Pretty much anything short of “You guys, go storm the capitol right now and overturn the election!” is going to be protected speech, and he didn’t say that. He carefully avoided saying that, intentionally.
What they’ll get him on as far as the attack (if anything) will be if he was involved in planning and staging it on the back end - if for example he was coordinating with people who were directly instrumental in shifting it from a protest at the steps of the capitol to an attack on the capitol in the hours, days, or weeks beforehand. Because his speech was definitely 1A protected.