Donald Trump’s trial for incitement to insurrection is bound by two key facts. First is the fact that all but three or four Republican senators will vote to acquit him no matter what. The second is the nature of ‘incitement’ as a crime. Incitement is at the outer bounds of what we normally consider to be criminal actions inasmuch as it amounts to using words to get other people to do things absent compulsion. It is a crime, as it should be, but in a criminal trial context it is a high bar for prosecutors to meet. Still, we are left to consider how much the President inspired and directed what happened on January 6th, 2021.

The House managers are doing a good job of it. But in terms of what the President thought he was doing … well, he told us in real time.

From TPM Reader CB …

I wanted to share my De-Trumping story, because I think it’s fairly unique.

Like a lot of people, I swore before the 2016 election I’d leave the United States if Trump got elected. Unlike a lot of people, I followed through. It took a little bit, but I switched to a job I could work remotely, sold my stuff, and left in mid-2018.

Kevin McCarthy is far and away the weakest congressional leader, in either party or house of Congress, in living memory. Indeed, you have to go deep into American history to find anyone comparable. And if you go too far back you get to periods when the role of House and Senate leaders were just too different to make any comparisons. So with this fact in hand, I’ve heard a number of people ask just how it is he manages to remain leader. But this question mistakes the structure of the current Republican congressional party, especially in the House. McCarthy is leader precisely because he is as weak as he is. It’s a feature, not a bug.

As if we needed more evidence after yesterday’s performance that Trump’s hodge-podge legal defense wasn’t going great, this morning we learned that one of his own lawyers sued him last year.

And he sued him over the very issue that he will be defending the ex-president against.

If you’re a regular TPM Reader the topic of militias and rightist paramilitaries, which have been in the news since January 6th, is nothing new to you. Many of us have been watching this development going back at least 25 years. The roots of the phenomenon of course go back decades further. It has been a hallmark of our coverage for twenty years that ‘fringe’ right wing groups are much more central to what drives national politics than establishment reportage allows. Today we see that reality come to the fore in a newly visible way as state Republican parties especially cultivate highly armed paramilitaries as auxiliaries to their work in electoral politics.