Daily Beast:

When the Department of Justice took the position this week that former President Donald Trump acted improperly by urging his followers to attack Congress in 2021, prosecutors did more than open the door to a potential flood of civil lawsuits from police officers who were injured on Jan. 6.

What they actually did, according to legal scholars, is lay the groundwork for a potential criminal indictment against Trump for inciting the insurrection.

It seems odd to think the DoJ could have taken any other position – how could it not be “improper” for Trump to incite his fans to a violent attack on Congress? What else would it be, proper? In line with his office? Part of his duties?

At the behest of the District of Columbia’s federal appellate court, the DOJ last week submitted a legal memo weighing in on a civil dispute by injured police officers. The department clarified that Trump’s speech, full of vitriol and fury, was not protected by presidential immunity, nor was it protected by his own free speech rights under the First Amendment.

“Such incitement of imminent private violence would not be within the outer perimeter of the Office of the President of the United States,” the DOJ wrote.

I’m glad to hear it, but not so glad there could have been room for doubt.

So far, the Justice Department has not indicated its legal analysis of the looming federal case against Trump, which concerns the effort his campaign led to undermine the electoral vote by Congress. However, its new legal memo draws a clear red line on his actions during the lead up to the actual attack on Congress.

Can we hurry up with that looming federal case? Before the next election?