[Ed. – Democrats don’t care about the Constitution anyway, so this argument will have little impact on their insatiable desire to get Trump out early by any means possible.]
The author Franz Kafka once wrote, “My guiding principle is this. Guilt is never to be doubted.” Democrats suddenly appear close to adopting that standard into the Constitution as they prepare for a second impeachment of President Trump. With seeking his removal for incitement, Democrats would gut not only the impeachment standard but also free speech. …
Democrats are seeking to remove Trump on the basis of his remarks to supporters before the rioting at the Capitol. … But his address does not meet the definition for incitement under the criminal code. It would be viewed as protected speech by the Supreme Court.
… [H]e urged his supporters to march on the Capitol to raise their opposition to the certification of electoral votes and to back the recent challenges made by a few members of Congress. Trump told the crowd “to peacefully and patriotically make your voices be heard.”