Sec. 334. Proclamation to disperse
Whenever the President considers it necessary to use the militia or the armed forces under
this chapter, he shall, by proclamation, immediately order the insurgents or those
obstructing the enforcement of the laws to disperse and retire peaceably to their abodes
within a limited time.
It is VERY plausible that the left will use this Section, in combination with Trump’s telling folks to return peacefully to their homes, as evidence that Trump himself declared an “insurrection” on Jan 6.
He didn’t use the militia or the military.
That was the sufficiency for the subsequent action.
No call up, no insurrection.