Before Tuesday, we opposed indicting Trump on 1st Amendment grounds.
But Trump’s alleged overt acts were a crime-changer on Incitement, Obstruction & Insurrection.
In particular, Hutchinson testified to hearing Trump order that the magnetometer (metal detectors) used to keep armed people away from the president be removed: “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.”
This alleged order, in the context of these other statements, constitutes an overt or material act that increased the risk of imminent danger, reflected awareness or intent of increasing imminent danger, and easily distinguishes this case from protected political speech using phrases such as “fight like hell.”
More with Alan Rozenshtein in Lawfare here.