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District of Columbia Attorney General Karl Racine said Monday on MSNBC’s “Andrea Mitchell Reports” that he is “looking at” charging President Donald Trump and others who spoke at the rally proceeding the deadly riots at Capital Hill, “under the D.C. code of inciting violence.”

Mitchell said, “I want to ask going forward about any plans to investigate and possibly prosecute President Trump for inciting the mob last week or certainly Rudy Giuliani, Don Jr?”

After hearing several clips from the rally, Racine said, “Let’s just say first, those were outrageous comments that those individuals, including the president of the United States, made. Clearly, the crowd was hyped up, juiced up, focused on the Capitol, and rather than calm them down, or at lowest, emphasize the peaceful nature of what protests need to be, they really did encourage these folks and riled them up. Now, whether that comes to a legal complaint, I think we’ve got to really dig in and get all of the facts. I know I’m looking at a charge under the D.C. code of inciting violence. That would apply where there’s a clear recognition that one’s incitement could lead to foreseeable violence. We still have more investigation to do, and that’s what we’re going to do. We’re going to work zealously and fully and where the facts lead to where they naturally go.”

Mitchell asked, “Are you looking at the president’s role, or is he immune because of the Office of Legal Counsel guidance that has been followed that the president cannot be prosecuted?”

Racine said, “Sure, Andrea, as you know, the OLC opinion says the president can’t be prosecuted while the president is in office. As it turns out, the president has about nine more days of office, and, of course, the investigation is going to go on much beyond those nine days. It will be another legal question as to whether the president can be prosecuted after his term of office. I think the better weight of authority answers that question affirmatively. And I’m not targeting the president or anyone else. I’m just saying the D.C. office of Attorney General, and I’m heartened that the U.S. Attorney also said the same thing, we’re going to follow the facts, and we’re going to go exactly where the facts lead.”

Follow Pam Key on Twitter @pamkeyNEN

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