Actually, it's an analogy.
A simile would be a statement like, "He charged into the room like a bull."
It is an apt analogy because, if what the FBI says is true (i.e., that the unlawful parts of the protest display a high level of organization, and that the subsequent illegal acts thus couldn't have been triggered by Trump's statements early that same day), President Trump cannot be guilty of Incitement.
Regards,
You literally started your simile with the words “Sort of like saying,”