Buddy, I'm not making this sh!t up, this is what people are saying, that Trump's election fraud claims (but those alone) are what incited the riot, which is impossible based on the legal standards of what constitutes incitement.
Read:
https://www.bbc.com/news/world-us-canada-55640437and
https://www.npr.org/sections/trump-impeachment-effort-live-updates/2021/01/11/955631105/impeachment-resolution-cites-trumps-incitement-of-capitol-insurrectionand
https://www.washingtonpost.com/national-security/trump-capitol-mob-attack-origins/2021/01/09/0cb2cf5e-51d4-11eb-83e3-322644d82356_story.htmlI don't claim to be a legal expert but I do have a degree in Communications which required I learn the basic of Comm law, which includes laws involving incitement. In order for speech to be considered incitement, it has to pass the Brandenburg test, which requires speech that:
1. is “directed to inciting or producing imminent lawless action,” AND
2. is “likely to incite or produce such action.”
It really is that simple, and that alone will immediately rule out anything about election fraud being considered incitement. I bolded imminent because that is the key word in incitement cases and I will get to why. So I read your earlier post where you listed what could be considered as incitement, and what I think this case is going to come down to is one quote: "If you don’t fight like Hell, you’re not going to have a country any more."
There is a case that that could be legally considered "incitement" but I don't think it will because "fight" could mean different things and is not specific enough to the riot nor directed at anyone in particular, Politicians use the word "fight" all the time in speeches (even Obama
https://www.youtube.com/watch?v=i2IulaU8Qg0&list=ULjQhzwIerCIg&index=815&ab_channel=BarackObamadotcom), so it is not clear that those words were advocating for imminent lawless action. We will have to see how this plays out, but for those advocating for conviction it's not looking good.
Read up on the Hess v. Indiana case if you're interested because I think it is relevant here.
https://www.mtsu.edu/first-amendment/article/461/hess-v-indiana