As previously established, intent is a key element of incitement. When you say:
> "giv[ing] them the kind of pride and boldness they need" (not by intimidating them with threats of violence, which would of course be illegal).
You are immediately excluding lawlessness, which defeats the complete exercise of the test (unless you have additional context to provide, which validates Trump's mental state convincingly excludes unlawful behavior). The point of the test is to examine if there was intent for unlawful behavior. Again, that would transcend the text. We would have to place ourselves in Trump's mind, and examine further, and then create a compelling argument for or against mens rea.
> "giv[ing] them the kind of pride and boldness they need" (not by intimidating them with threats of violence, which would of course be illegal).
You are immediately excluding lawlessness, which defeats the complete exercise of the test (unless you have additional context to provide, which validates Trump's mental state convincingly excludes unlawful behavior). The point of the test is to examine if there was intent for unlawful behavior. Again, that would transcend the text. We would have to place ourselves in Trump's mind, and examine further, and then create a compelling argument for or against mens rea.