Re: “likely to incite or produce such action.”
those statements are unrelated, he has said a lot of things in his whole lifetime but what he should be prosecuted for are the things that he said that did incite violence.
If you incite violence subsequently say, “actually maybe dont" you should not get away with it. That's Trump's tactic too. I hope it fails he has been saying inflammatory stuff and then backing down all the time. This time his incitement to riot caused a riot before he said anything to stop it.