If D.C. Circuit in Blassingame v. Trump holds that Trump, as POTUS at the time, has "absolute immunity" from civil suits arising out of the Insurrection that are premised on his January 6 speech, DOJ won't indict him for violating 18 U.S.C. 2383. Civil immunity (under Nixon v. Fitzgerald's "outer perimeter" rule) would have to include immunity from criminal prosecution.
If D.C. Circuit in Blassingame v. Trump holds that Trump, as POTUS at the time, has "absolute immunity" from civil suits arising out of the Insurrection that are premised on his January 6 speech, DOJ won't indict him for violating 18 U.S.C. 2383. Civil immunity (under Nixon v. Fitzgerald's "outer perimeter" rule) would have to include immunity from criminal prosecution.