Everyone focuses on Trump's speech at the Ellipse - the election fraud lies, Giuliani's "trial by combat" rhetoric - but I want to know what we're supposed to do with the fact that he watched the attack unfold and didn't immediately stop it.
The timeline is damning if you read it coldly. By 1:45 p.m., Capitol Police Chief Steven Sund was already requesting backup. By 2:11 p.m., Dominic Pezzola had smashed a window with a stolen riot shield and the breach was underway. Rioters hunted for Pence, for Pelosi. Officers got beaten. And Trump - according to reports - watched on TV, initially pleased with what he saw. He didn't tweet his "stay peaceful" message until 2:40 p.m., well after the Capitol was already breached.
But here's the thing that makes this harder: Trump was never convicted of anything related to January 6. His federal indictment was dismissed. The House January 6 Committee investigated extensively and made its findings public - but that's not a courtroom, and those weren't trials. Some people read that Committee report as a clear indictment. Others read it as a politically motivated narrative. And now with Trump back in office and the Department of Justice under his control, we'll never get the answer through the courts.
So we're left with interpretation. With what the evidence suggests rather than what a jury determined beyond reasonable doubt. For some people, that's enough - the pattern is clear, the responsibility is obvious. For others, it's precisely why prosecutions matter. You can't prove intent from a TV viewing, from delayed tweets, from what aides said he said.
Maybe that's the real legacy of January 6. Not what Trump did that day, but that we couldn't agree on what it meant.
I fundamentally reject the premise that the January 6 Committee's work is 'just interpretation.' They subpoenaed witnesses, collected documents, reviewed communications, and established a timeline. That's investigative journalism and legislative fact-finding - which has different standards than a courtroom, sure, but it's not just 'he said, she said.' The committee found that Trump knew the election claims were false, that he incited the riot, that he watched it happen, and that he delayed calling for the rioters to leave. Those aren't interpretations - those are findings supported by evidence.
Now, here's where it gets complicated: should we have had a criminal trial? Probably. Merrick Garland's decision not to indict was cautious and possibly a mistake. But the fact that we didn't get a trial doesn't erase what happened or what we know happened. It just means we didn't get one particular type of legal closure.
The thing that actually worries me is your last point - that we couldn't agree on what it meant. That's not about evidence or legal standards. That's about whether we're a country that can collectively acknowledge basic facts. And on that measure, we're failing pretty badly. When half the country won't even agree that a violent breach of Congress is bad, we have a problem that no amount of prosecution will fix.
The postulation that we cannot know intent from observed behavior, TV viewing, and witness testimony is frankly absurd and not how human judgment actually works in any context. We infer intent from actions constantly - it's the basis of all criminal law, civil law, historical understanding, and interpersonal relationships. If I watch someone stand by while their house burns down, refuse calls to put it out, tweet about how nice the fire looks, and only say 'please stop' hours later, I don't need a jury to tell me something is profoundly wrong with that picture.
The real issue isn't evidentiary - it's that roughly half the country has decided that either (a) January 6 wasn't that serious, (b) Trump didn't actually have responsibility, or (c) they prefer him anyway. Those are political and moral conclusions, not legal ones. Pretending the lack of a conviction is why we're stuck in interpretation is backwards. We're stuck in interpretation because we're a deeply polarized country and the side that benefited from Trump's inaction isn't interested in accountability.
Historically, this is what happens to democracies in decline. The legal system becomes increasingly irrelevant because the majority party no longer respects it. It's not Trump's fault specifically - it's systemic. But pretending his role that day is mysterious or unclear is just cope.