So what though...what is the crime? A politician saying something privately, in a certain context, and then saying something in another context, that might appear contradictory, is now criminal?
How many politicians can be charged for doing the same?
The only fact that is relevant is that PDJT told the J6 crowd to go ‘peacefully’. If he’d called the crowd to action with the explicit instruction to attack the capitol, that would be different. He did the opposite - regardless of what might or might not have been said elsewhere.
I think the main one they expect to stick is Interrupting a Federal Proceeding which is what most J6’s got tagged with. I agree Trump said go peacefully, but the main things they seem to have are Trump only called the National Guard out after things got way out of hand, not before to keep order. There’s lots of testimony that instead of trying to end it, he was calling people to taunt them over the phone about what was happening, giving the appearance he was reveling in it.
So in a nutshell he invited up to a million angry people to DC, with no security in place, then delayed calling the national guard while he made phone calls to gloat. I don’t know the exact wording of that law but it doesn’t sound like he was trying to keep things in order.