In a fair court of law it seems like the incitement case would still be weak even without evidence of planning. If Trump is held accountable then it sets a bad precedent for anyone organizing a peaceful event or protest: If that event or protest somehow gets out of hand then the court would be saying the organizer could held responsible- even if they denounced the violence and left the area when things started to get bad. This would basically take away your right to organize a protest, or at least make it a huge liability not worth taking.

In a fair court of law it seems like the incitement case would still be weak even without evidence of planning. If Trump is held accountable then it sets a bad precedent for anyone organizing an event or protest: If that event or protest somehow gets out of hand then the court would be saying the organizer could held responsible- even if they denounced the violence and left the area when things started to get bad. This would basically take away your right to organize a protest, or at least make it a huge liability not worth taking.