It will be ironic if Donald J. Trump is not prosecuted because of his First Amendment protections, but the rioters (who did exactly what they thought Trump wanted them to do) are prosecuted to the full extent of the law. Did Donald J. Trump incite a riot? Did his words give the rioters a defense based on his apparent authority as the President of the United States and the Commander in Chief? What are all of the criminal, civil and employment consequences for the rioters? What can employers of the rioters and protesters do?