Was Donald Trump the instigator of the assault on the Capitol?
For most members of the House of Representatives, there are suspicions enough to impute “incitement to insurrection”.
The Democrats, with the support of 13 Republicans, they voted this Wednesday 232 – 197 in favor of l impeachment against the president .
They argued that endangered US security by calling for the protest that turned violent on Capitol Hill last January 6, which left at least five dead.
The vote has placed Trump as the first US president in see how the Lower House approved a second impeachment. The Senate must now judge the matter.
- Trump becomes the only US president to face a second impeachment
The president denies the accusations and has described this process as a “continuation of the hunt for witches ”against him.
But what was what Trump said to his supporters and why it has been taken as incitement to the deadly assault on the US Congress ?
“We will walk to the Capitol”
The president spoke for just over an hour before thousands of supporters who gathered at the Washington Monument on 6 January, the day Congress certified Joe Biden’s victory.
There Trump listed cases of alleged electoral fraud in several states – which he has not been able to prove to the courts – in the election of last November 3.
But he also attacked the republics “pathetic” and “weak” years that did not support his demand to stop the certification of votes that would take place moments later in Congress.
“Incredible what we have to go through, and having to make your people fight. If they don’t fight, we have to eliminate those who don’t fight, “he harangued his followers.
“ We will walk to the Capitol and cheer for our brave senators and congressmen,” he said, including himself in the march, in which later, without However, he did not participate. “ C we will die and I will be there with you “, he repeated, although after the speech he returned to the White House.
- Why was it so easy for Trump supporters to break into the Washington Capitol?
From that moment, he expressed his mistrust that Vice President Mike Pence, who by his position was directing the ceremony on Capitol Hill, do something to stop the certification of votes: “I hope you defend the good of our Constitution and the good of our country. And if not, I will be very disappointed. ”
And then he asked “to fight like the devil ” because if not “they won’t have country. ”
“ So we’re going to walk down Pennsylvania Avenue to the Capitol. We are going to try to give our Republicans, the weak, because the strong don’t need our help, the kind of self-love and audacity they need to get our country back. ”
“I know that everyone present will soon march towards the building of the Capitol to make their voices heard in a peaceful and patriotic way . Today we will see if the Republicans remain firm in favor of the integrity of our elections, “he added.
- 4 killed in the assault on the Washington Capitol by Trump supporters
Before him, Rudy Giuliani , the president’s personal attorney, told attendees that the electoral disputes must be resolved with “ judgment by combat ” .
Despite the fact that Trump asked to march peacefully, the irruption to the headquarters of the Legislative Assembly was violent.
What is incitement before the law? It is explained by Professor Garrett Epps, University of Baltimore.
Incitement is not a First Amendment offense, unless it complies with certain criteria: it must have the intention to cause violence (and that intention is inferred from the circumstances) and it must be likely to cause violence.
If I go to the city center and tell them to two drunks standing in front of a bank “let’s rob this bank right now”, I haven’t really incited anyone, because they are not very likely to do so. It has to be likely to cause – and this is very important – imminent violent action.
If I say that we meet here tomorrow and break things, I am not inciting because – in the words of the Court Supreme- Where there is time for better advice to prevail, the remedy for speech is more speech. Therefore, it must be something directed and it must be likely to cause imminent violent action.
What would happen in a court of law? It is quite rare that someone can be blamed for incitement.
Applying that to the president’s speech at Wednesday’s rally, it’s an agonizingly close to that.
It’s pretty imminent, because he’s telling people to march to the Capitol and that he will march with them. There would be no time for better advice to prevail because I would simply leave the stage and walk down Pennsylvania Avenue.
It says that you have to fight and show strength, but also that it will be in a very peaceful and patriotic way , so it is being covered. In the end, I think it’s a jury decision.
I’m not sure the president has the right to have the charges dismissed. There is some discussion about how government leaders have more leeway, but I don’t know how this would end.
Clearly he knew that there were people in that crowd who were ready to be violent and meant to be, and he certainly did nothing to discourage that. Not only did he not do anything to dissuade him, but he strongly hinted that that should happen.
Was the assault planned?
During the previous weeks, the president marked “January 6 as a day of truth” , explains BBC Washington correspondent Anthony Zurcher.
“He told his followers to come to Washington DC and challenge Congress… And on Wednesday morning, the president and his previous speakers started the whirlwind, ”he adds.
Trump used Twitter to promote the march. “Big protest in DC on January 6,” tweeted on 19 December, asking to attend because “It will be wild!”, he said.
Similar tweets came the days 27 and 33 December, as well as January 1, when he used the hashtag #StopTheSteal (Stop The Theft).
- “This was a self-coup attempt incited by Trump”
Just Stop The Steal is the name of one of the largest groups that was created online hours after the election last November, according to an investigation by the newspaper The New York Times .
Came to accumulate 320. 10 members until Facebook removes it inó, so many followers moved to platforms such as Parler and Gab, where the protest of this January 6 was organized.
From others groups, such as “Secession of the Red State” (red is the color of the Republicans and blue that of the Democrats), the euphoria heated more as the date approached: “If you are not prepared to use force to defend the civilization, then be prepared to accept barbarism, ”read a message. In the post, which went viral, people shared photos of the weaponry, including assault rifles, that they planned lead to the concentration in the capital. According to the investigation, there were comments that made a call to “occupy” the Capitol and force Congress to revoke the November elections. 
