That does not matter. The 14th uses the term "engaged" in insurrection; no conviction is required.
All that is needed is a Governor or a Secretary if state to agree that Trump "engaged" in what they believe was an insurrection. Trump's lawyers will then need to take to the Courts and ultimately SCOTUS.
But by the time that happens, Trump will be off the ballot in multiple states, Democrats win and mission accomplished.
Section 5, the closing of the 14th Amendment:
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Oh.
Congress, not Scotus, not the states were to enforce the 14th.