Donald Trump speaking with supporters at a campaign rally in Las Vegas in 2016 (Gage Skidmore, https://flic.kr/p/Equ8HC; https://creativecommons.org/licenses/by-sa/2.0/, CC BY-SA 2.0)
Until Tuesday, we had both publicly stated that the Department of Justice had insufficient evidence to indict former President Trump for his conduct on Jan. 6. Our conclusion, which we each came to independently, was largely grounded in First Amendment concerns about criminalizing purely political speech.
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