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Lawyer Common is contemplating riot prices in opposition to Donald Trump Jr., Giuliani, GOP Rep. Brooks

Attorney General Karl Racine is seated in his office in One Judiciary Square in Washington, DC for an interview on Thursday, March 7, 2019.

Jahi Chikwendiu | The Washington Post | Getty Images

The District of Columbia attorney general said Monday it is examining whether Donald Trump Jr., Rudy Giuliani and GOP MP Mo Brooks should be accused of instigating the violent invasion of the U.S. Capitol by a horde of supporters of President Donald Trump last week to have.

Karl Racine also left the door open to prosecute President Trump himself for the same behavior once he leaves office later this month.

Racine's comments came during an interview on MSNBC's Andrea Mitchell Reports after he was shown video clips of the Trump's and President Giuliani's personal attorney, who stirred up a crowd at a White House rally last Wednesday asking about the trio and Brooks Alabama Republicans.

Both Trump had called on the crowd to fight, and Giuliani had called for "trial by fight" for falsely claiming that Joe Biden had been declared the presidential winner for electoral fraud.

Brooks had said in his speech at the rally, "Today is the day American patriots start jotting down names and kicking their asses," and asked the crowd if they were "ready" to give their blood or life sacrifice as their ancestors did.

After the rally, a crowd of Trump supporters broke into the Capitol, killed a Capitol policeman, swarmed the halls, ransacked offices, and disrupted the congressional session held to confirm Biden's election.

"Let's just say first these were outrageous comments made by these people, including the President of the United States," Racine said.

"Obviously the crowd was cheered, juiced, focused on the Capitol, and instead of calming down, or at least emphasizing the peaceful nature of the protests, they really encouraged and angry these people," Racine said.

"Whether this turns into a legal complaint, I think we really have to face all the facts. I know I am looking into a DC Code indictment of incitement to violence, and that would apply where there is one . " clear recognition that incitement can lead to predictable violence, "said the attorney general.

"We have more research to do and that is exactly what we are going to do. We will work diligently and fully and let the facts lead where they naturally lead."

Racine noted that the US Department of Justice has claimed it cannot prosecute a seated president in office.

"It turns out the president has nine days in office and the investigation will of course go well beyond those nine days," Racine said.

"It will be another legal question of whether the president can be prosecuted after his term in office. I think the better weight of authority answers that question positively. And I'm not targeting the president or anyone else."

CNBC has reached out to the Trumps, Giuliani and Brooks for comment.

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