That's a good question. Do we have the transcript for that hearing or are we relying on Nick's version? Also, as it's a lawyer, he could have used weasel words to cover himself from perjury. I also agree with your take on "not all cases the same". It's like what you see from #BLM, just on the other side. "Why is it that Dylan Roof got Burger King and a black man in a completely different jurisdiction with a different police department with different engagement policies got shot?"
However, that being said, this was the leader of a movement that included a lot of the tards there on the ground that day, not just some random slob who got edgy for a few seconds. His words are clearly inciting the actions.
The smoking gun that your post doesn't explain is, as Jaden put it, "why does the mainstream media never play this clip"? They sure love playing his "sex is gay", "Hitler is based", and other clips, yet the one of him on the Capitol steps, openly exhorting his followers to insurrection is never seen in the attack pieces on him? That might start people asking questions.