https://www.americanthinker.com/blog/2021/02/speaking_of_incitement_.html
“Words that incite insurrection aren’t protected by the First Amendment. Words that don’t are. Listen to Trump’s words. Then listen to Maxine Waters.”
We are a nation of laws, including one prohibiting insurrection. A citizen charged with and arrested for the crime of inciting insurrection (a felony) in Washington DC would be tried under Title 18 of the US code, with insurrection punishable by a fine, a maximum sentence of 10 years in prison, or both.
A sitting president can’t be arrested for the crime of inciting insurrection; he can’t be incarcerated and tried for any crime whatsoever, under a long-standing legal precedent against indicting a sitting president. Rather, he is charged (impeached) in the House, should our representatives want to remove him from office, and tried in the Senate, where he faces the punishment of removal from office only (no fine or jail sentence).
While some people were dying to see President Trump arrested and incarcerated, forget impeached and removed from office, that’s not how things work in America. A president is protected from arrest and incarceration: the U.S. Department of Justice has long held that arrest and incarceration “would essentially incapacitate the executive branch, undermining its ability to ‘perform its constitutionally assigned functions.’” Protecting a president makes perfect sense.