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I think the dispute is that its been said that it was an "in the moment" part of his speech that day and not something he planned in advance, and they're arguing he always planned for it, just didn't expect it to necessarily be that successful lol proving that he wanted them to breach the premises is still probably impossible tho, I'm not sure that's the goal either tho cause I don't care all that much myself if I'm being honest. Proving it was planned in advance would show more intent than "I was real fired up in that speech and said some things I shouldn't have" though, at least to me, but once again I am also not a court of law lmao