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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.

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