HEATHER CHILDERS (HOST): Okay, we're out of time but I have to ask you this. Is incitement of insurrection a high crime and misdemeanor?
ALAN DERSHOWITZ (LEGAL ANALYST): It is if it happens and if it's not protected by the Constitution. But what happened here was not incitement. He didn't incite, he invited. He said please walk there, I urge you. Do it peacefully and do it patriotically. That's not incitement under the Supreme Court precedents, and that's not incitement from a common sense point of view. There's a big difference between inciting and inviting and what he did was invite, not incite.