Will the court impose a gag order on TFG due to today's post??

Speaking with host Katie Phang, Kirschner said the two posts will come back to haunt him -- and the former president knows what he is doing by inciting his fans.

"I would slap a government exhibits sticker on this post and I would introduce it at his criminal trial," Kirschner explained. "And this is a dark moment in our nation's history.",,,,

He knows precisely what he is doing," he elaborated. " He used similar language to incite, first of all, to entice his supporters to come to D.C. on January 6th. and then he proceeded to incite imminent, lawless action and he has done it all over again."

"But, everything Donald Trump does is a miscalculation Katie, and here is why," he added. "He has now just given the judge that will preside over his arraignment hearing food for thought about what kind of conditions should be set for the release of this dangerous man pending trial."