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Trump said:“I don’t fucking care that they have weapons, they’re not here to hurt me. They’re not here to hurt me. Take the fucking mags [magnetometers] away. Let my people in. They can march to the Capitol from here; let the people in and take the mags away.”
Satisfying Brandenburg v. Ohio in that it produced "imminent lawless action".
And
movesTake the fucking mags [magnetometers] away.
from being a political metaphor to being Incitement to Riot.Fight like hell.
And all of this would and did Obstruct Congress.
And what is inciting a riot and obstructing congress but an Insurrection. And all that is needed now is contact between the White House and the rioters for a Seditious Conspiracy charge.
Now then, the DoJ must conclude that the decision to charge is in the interest of justice. Would it serve a substantial federal interest and do adequate alternatives to prosecution exist?
Federal interest: It would send a clear message that no one is above the law. Adequate alternatives: In that these are violent felonies where people were killed and injured, there is no alternative to prosecution and prison.
So says Lawfare.