Late-developing news about Donald Trump’s communications with House Leader Kevin McCarthy after the Capitol riot began, as told by a Republican member of Congress, seems to have spurred a desire for witnesses before the Senate votes.

The Trump defense says in response it would have to take dozens of depositions.

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Senate Republican leader Mitch McConnell has, naturally, told colleagues he won’t vote to convict. “Close call,” on the constitutional question, he says, but adds, hey, Trump can still be prosecuted.

Let us hope.

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Here’s a key recent incitement, the statement from GOP Rep. Jaime Herrera Beutler about the conversation McCarthy related to her:

“When McCarthy finally reached the president on January 6 and asked him to publicly and forcefully call off the riot, the president initially repeated the falsehood that it was antifa that had breached the Capitol,” Herrera Beutler said in her statement.

“McCarthy refuted that and told the president that these were Trump supporters. That’s when, according to McCarthy, the president said: ‘Well, Kevin, I guess these people are more upset about the election than you are.”

Trump’s lawyer contends everything Trump did before the insurrection rally and after, by refusing to call for an end to the riot, are irrelevant to the incitement charge.

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