After citing DC law on incitement and provocation, which was based on a 1969 Supreme Court case, Shapiro pointed out that Trump’s speech fell short of the requirements under DC law:

The president didn’t mention violence on Wednesday, much less provoke or incite it. He said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.” //

Another elephant in the room that the Democrats and the media are reluctant to mention is the timeline issue. According to CBS News investigative reporter Catherine Herridge, the first pipe bomb was said to have been found at the RNC around 12:45 as Trump was still giving his speech: //

From that alone, along with the rioter who came prepared with zip ties, we can perhaps glean that the storming of the Capitol was likely pre-planned. In other words, it doesn’t seem likely that random rallygoers were just standing around listening to Trump’s speech and then getting “incited” enough to leave and then make and plant pipe bombs.