Freeper Williams recently made an excellent point, one that should be shouted far and wide: You can only be accused of insurrection after an insurrection has been lawfully declared.
To my knowledge, no one - not the president, not the Congress, not the Supreme Court - has officially declared an insurrection. So there is no insurrection, and no one can be charged for it.
Trespassing, yes. There are already trespassing laws on the books. Disorderly conduct, yes. There are already disorderly conduct laws on the books.
The Senate could today vote, and declare that January 6th was an insurrection. Well, okay. But the Constitution prohibits ex post facto laws. So any declaration could only apply to actions taken after that declaration.
Democrats and Anti-Trumpers take advantage of the stupidity of the average American.