Kimberly Guilfoyle is once again the topic of Twitter discussion for her fiery MAGA rhetoric and her dancing, but this time the chatter is about her appearance in a chilling video taken before President Trump’s Save America rally, which later led to a mob attack on the Capitol.

Guilfoyle is shown breaking into a hip-shaking dance while backstage before the rally started, and is then heard encouraging the crowd to “fight” for Trump.

Donald Trump Jr., right, smiles along with his girlfriend Kimberly Guilfoyle prior to a news conference at Georgia Republican Party headquarters Thursday, Nov. 5, 2020 in Atlanta. (AP Photo/John Bazemore) 

Guilfoyle’s name came up as one of those in Trump’s family and inner circle who, many said, should be investigated for inciting violence committed by the president’s supporters. The riot left five people dead, including a police officer.

On Thursday, U.S. Attorney Michael Sherwin on Thursday said the Justice Department wouldn’t rule out pursuing charges against Trump as investigators look at whether other “actors,” who didn’t actually storm the building, should face justice, Politico reported. But the Justice Department appeared to switch gears Friday, with an official saying that Trump and other speakers at the rally were not expected to be criminally charged for inciting a riot.

“We don’t expect any charges of that nature,” one official told reporters in a conference call, CNBC reported. Another DOJ official told reporters that the federal investigation is focused solely on criminal acts at the Capitol building. The investigation continues as House Democrats moved closer to introducing an impeachment resolution next week, possibly for “incitement of insurrection,” CNN reported. 

On Thursday, a furious Joe Scarborough, a MSNBC host, called for Donald Trump Jr. and Trump’s personal attorney, Rudy Giuliani, to be arrested for their calls to “fight” while speaking at the rally.

Meanwhile, people across social media said the “others” also should include two of Trump’s other adult children, Ivanka Trump and Eric Trump, as well as Guilfoyle, the former Fox News host, one-time San Francisco prosecutor, ex-wife of California Gov. Gavin Newsom and now the girlfriend of Donald Trump Jr.

Legal experts also said the First Amendment could make it difficult for Trump and others to be prosecuted for impassioned speeches. But even if Guilfoyle can’t be prosecuted, she was nonetheless being scrutinized on social media for her starring role in the video, apparently filmed by Trump Jr., before the start of the rally.

As Laura Branigan’s “Gloria” played in the background, the video showed Trump, Ivanka Trump, Guilfoyle and other Trump family members in a white tent. They stood around stacked monitors, streaming footage of Trump supporters outside, near the White House as before both houses of Congress were about to meet at the Capitol to certify  President-elect Joe Biden’s victory.

A few seconds into the video, Trump Jr. called to Guilfoyle: “Kimberly!”

Guilfoyle, in a black cape, turns to the camera and briefly breaks into the hip-shaking dance she’s been showcasing at other recent pro-Trump rallies.

A little while later, as Trump Jr. pulls Guilfoyle in close to him, she tells Trump fans: “Have the courage to do the right thing! Fight!”

Some on Twitter wrongly said the video was filmed while pro-Trump rioters burst into the Capitol, but the video was filmed before the rally. Not long after she danced for the camera, Guilfoyle took to the stage as one of the speakers.

During her speech, Guilfoyle, who was a top fundraiser for Trump’s campaign, repeated his baseless claims of widespread voter fraud. After calling Trump the most “impactful, transformative” president America has ever seen, Guilfoyle said, “We will continue to hold the line across the incredible country, because we finally had a president in the White House who knows what it means to put America first … who stands for veterans and law enforcement and the American family.”

Guilfoyle’s voice also rose to a yell, which has become her signature speaking style since the Republican National Convention. She exclaimed: “We will not allow the liberals and the Democrats steal our dream or steal our elections.”

Guilfoyle then introduced Trump Jr., who greeted the crowd: “Hello patriots!” Trump Jr. excoriated Republicans who said they would not object to certifying the electoral votes that declared Biden the winner on Nov. 3. Calling the Republican Party the “Trump Republican Party,” Trump Jr. said those who didn’t fight for his father are “rolling over” instead of fighting in the face of “glaring irregularity.”

“Fight for Trump! Fight for Trump! Fight for Trump!” the crowd chants.

Trump Jr. ended his speech by saying, “Stand up and fight! Stand up and hold your representatives accountable and when you do, we can keep America great. Keep fighting!”

During his speech, Trump also told the crowd to “fight like hell” before dispatching them to march to the Capitol.

Legal experts told Politico that it could be difficult or unwise to prosecute Trump or others in his circle for their speeches at the rally While impassioned speeches can rile up individuals who later break the law, the First Amendment gives broad protection to such speech — unless it can be shown that the speaker knew criminal activity was imminent or underway, Politico said.

“The law of incitement deliberately makes it very hard to prove,” Eugene Volokh, a law professor at the University of California at Los Angeles, told Politico. “I think this is not, in fact, likely to be considered incitement under existing law, and it would be a mistake to try to stretch existing law to cover it because it’s something that could be used against ordinary citizens engaged in political movements in the future.”