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[–] 3 pts

That's not how it works now. Intent isn't an element of a "crime" anymore. The way Trump is "guilty" of inciting a riot would be like arresting someone for taking their kids to Disneyland because they were hit by a drunk driver on the way.

[–] 0 pt

Except the rioting started before Trump finished his speech and was pretty much done by the time the crowd who attended his speech could walk to the capitol. So it would be like arresting someone for taking their kids to Disneyland, because someone else was hit by a drunk driver before the family left the house to even start driving over.