I guess the question is can you lead an insurrection against yourself? They seem to forget that Trump was still the lawful elected head of the US Government when the so-celled “insurrection” against the US Government occurred. They might have a better case if all this had happened a week after Biden was sworn in, but to call what happened an insurrection is laughable.
Section 5:
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.Thus it's up to Congress, not any state officials or any judges, to determine how to enforce this. Any efforts to act based on this should get thrown out promptly if they can't point to some active federal legislation authorizing their efforts. But IIRC there isn't any. What was written after the civil war to do that was overturned by subsequent federal legislation. Had the left really wanted to use this, instead of spending their full control of government on fake impeachments and J6 hearings they could have rammed through unpartisan legislation to reactivate this. They are free to try to get such past Mike Johnson now. I doubt they'll get very far. Although maybe they'll give Mike ideas for how to write it the proper way—to use on them and their election theft insurrection—if Trump wins with majorities in both houses. Section 3 offers a way to clean out a lot of bad actors you'd otherwise be stuck with or fighting piecemeal. But like Pandora's box it's a VERY risky precedent. However, THEY opened this box first and Johnson likely understands the risks very well. As a constitutional lawyer on whose state it would have been used during Reconstruction.