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this post was submitted on 15 May 2025
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That could be argued as a poor decision or incompetence. You’d need to prove it in court otherwise it’s hearsay. It’s not like there’s photographic proof of him breaking into the White House.
He was literally telling them live on TV to go storm the Capitol.
That is called "prima facie": facts that speak for themselves.
And it is fully valid to use as a test in a process already codified in law: secretary of state (or similar postition) decides ballot eligibility.
I read through the entire report from Smith. He did not. He said, “March on the Capitol,” “Fight like hell,” “Show our strength,” and other similar notions, but he did not explicitly instruct them to storm or attack the Capitol building. That’s a key part of what the prosecution needed to prove in court through testimony of those in the Oval Office at the time.
He was handed a piece of paper that said they’re storming the Capitol. He crumpled it up, tossed in on the floor, and continued pressing Pence into invalidating the election results. That is incriminating, since any actions from that point on that did not include dispatching the National Guard could be seen as criminal conspiracy. But again, that needs to be proven in court.