There is no question that Donald Trump's rhetoric and inaction before and during the 2021 Capitol riot were reckless—so reckless that they easily justified his second impeachment. But as I have argued before, that does not mean he is guilty of incitement, a criminal charge that requires proof of intent. Does yesterday's congressional testimony by Cassidy Hutchinson, a top aide to then–White House Chief of Staff Mark Meadows, make that charge more plausible?
Columbia law professor Daniel C. Richman is skeptical. "This is a dramatic last piece that enriches the story," he told The New York Times. "But it's not clear that it changes the fundamental question of criminal liability."
