Trump acted provocatively when he called for tens of thousands to protest the certification of the 2020 presidential election. But he did not “incite” the riot at the Capitol — not within the legal definition of the term, or even the common one.
As the impeachment trial — which was arguably unconstitutional, and which the Chief Justice of the Supreme Court avoided — showed, the Capitol riot began long before Trump had finished speaking at his rally roughly a mile away.
Moreover, Trump told the crowd to “peacefully and patriotically make your voices heard.” There was no evidence he knew that a small minority of protesters would break into the building, attack Capitol Police, and rush the legislative chambers.
After more than 1,000 interviews with witnesses, and dozens of leaks to the media, no new evidence has emerged to link Trump to the riot.