Trump and others still 'certainly can' be prosecuted for inciting a riot: constitutional expert

Speaking on KTLA this Monday, professor emeritus and director for the Center of First Amendment Studies at Cal State University at Long Beach, Dr. Craig R. Smith, said that when it comes to potential charges of inciting a riot, Donald Trump and others are still not off the hook.

According to Smith, Trump, Rudy Giuliani, and others who spoke at the "Stop the Steal" rally on Jan. 6 before the violence took place "certainly can" be prosecuted "under federal statutes which involve insurrection."

"But also, the District of Columbia has a statute on incitement and [Trump, Giuliani, and Donald Trump Jr.] could be indicted by [D.C. Attorney General Karl Racine] for incitement to riot or incitement of insurrection, and there's a 5-year statute of limitations so the Attorney General of the District of Columbia has a very long time to put his case together if he wants to go down that road," Smith said.

Watch the full interview below: