Protest outside the Capitol was the entire point of the exercise, nobody asked the few who went inside to go in, and they are pretty much on their own in legal terms as a result. I could buy that perhaps they thought they were being asked to go in, but disinformation was being spread around by ANTIFA and uniparty types in their vicinity, so the incitement really rests on them rather than Donald Trump.
If the Congress are looking to indict, they need look no further than their bathroom mirrors in many cases to find viable suspects.
It is also fair to ask, at what point will the lying and evasion stop, and some accountability return to the ruling elites who clearly manipulated the 2020 presidential election? There are millions upon millions who believe there was widespread fraud, they are not going to go away, nor change their minds, just because some paid liars tell lies in public.
