“The president needs to be investigated and does have real potential criminal liability for incitement for essentially spurring people on, motivating people to go in there and commit these crimes,” said CNN legal analyst and former prosecutor Elie Honig.
“It's not an easy case to make,” he added. “But if you look at his words, if you look at the language he used, the way he not only urged people to do it, but applauded them after they did it, while they were doing it, that suggests to me he knew exactly what it was leading them into.”
An early test for the Biden administration will be whether DOJ chooses to pursue any of the various investigative threads leading to Trump, or if it will opt to turn the page on the Trump era and sidestep the political baggage that might come with prosecuting a former president.
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