Even Vladimir Putin would be more fair than the American Congress and the FBI in investigating Donald Trump. The raid on his home at Mar-A-Lago was an illegal, unconstitutional fishing expedition, looking for evidence that a crime was committed rather than searching for evidence of a crime that was committed which is the way it’s supposed to work.

The Supreme Court has held that even someone who explicitly advocates criminal behavior (which Trump did not do) is constitutionally protected from prosecution unless his speech is not only “likely” to incite “imminent lawless action” but also “directed” at that outcome. That makes Trump’s intent crucial: Did he deliberately encourage violence, or did he blithely disregard that danger? We say no. The transcript of his entire January 6th speech contains no incitement speech. Even if it did it’s not evidence of a crime. Free speech includes Donald Trump. He neither called for a riot or incited one.

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