The attack and not stopping the count on Jan 6 is evidence tampering.
When an official proceeding is corruptly with intent designed to disrupt which they did. They also changed the outcome of that proceeding which it did when they falsely claimed without evidence it was "MAGA." It's the responsibility of the proceeding to investigate who caused the disruption and why.
This is the official charges that where given to those prosecuted for entering the capital. If the proceeding doesn't stop to investigate then they can't legally charge those for this crime.
https://en.wikipedia.org/wiki/Obstructing_an_official_proceeding Legally the judges had no right to prosecute these "attackers" on Jan 6 as they proceeded with the count before any kind of investigation took place. There was a few hour delay without an investigation.
one of the problems with any kind of investigation on Jan 6 the speaker of the house would've been the one in-charge. Pence was removed of that roll on Jan 3 without an objection which is a dereliction of duty.