"The Supreme Court of the United States, over 50 years ago, laid out a clear test to determine whether speech is incitement. Under that test - the Brandenburg v. Ohio test - there are three elements that must be proven, beyond a reasonable doubt... but here, the president's speech called for peaceful protest," said Castor on Friday (February 12).
Neither side has so far announced an intention to call witnesses, leaving senators on track for final arguments and a vote as soon as Saturday.
Trump is the first U.S. president to be impeached twice and the first to face trial after leaving office. His first impeachment trial, which stemmed from his efforts to pressure Ukraine to investigate Biden, ended in an acquittal a year ago in what was then a Republican-controlled Senate.