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Trump incited the Capitol attack by any legal or constitutional test

Then-President Donald Trump addressed an enormous crowd in front of the White House on Jan. 6. “We fight like hell and if you don’t fight like hell, you’re not going to have a country anymore,” he loudly declared to the thousands of people gathered.

He added: “After this, we’re going to walk down, and I’ll be there with you. … We’re going to walk down to the Capitol … because you’ll never take back our country with weakness. You have to show strength. … We’re going to walk down Pennsylvania Avenue … and we’re going to the Capitol.”

Donald J. Trump has already been impeached by the U.S. House of Representatives for “incitement of insurrection.” On Tuesday, his lawyers provided an “answer” to the Article of Impeachment delivered to the Senate, in which they “denied that President Trump incited the crowd to engage in destructive behavior.” The former president’s words, they assert, are instead “protected speech” pursuant to the First Amendment of the U.S. Constitution.

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