I think the HUGE immediate show of support for DJT in the face of jack boots and machine guns at MAL has got them scared.
I'm just a country lawyer, but I think to be seditions, or to be an insurrection, you must have at least a theoretical possibility of succeeding.
If you introduce evidence of how long the processes of government were interrupted, I would do that by calling Nancy Pelosi to the stand. You start by asking her "For how many DECADES was the joint session vote delayed on January 6th?" As she sits there puzzled, you withdraw the questions and ask "Ms. Pelosi, then for how many YEARS was the vote delayed?" followed by months/weeks/days and finally hours. At some point even the most dim-witted juror gets the point.
It does not mean what was done was correct or justified, but it was not a sedition or an insurrection. I would describe it as a disorganized low-grade riot. But this threat to democracy bullshit is betrayed by the fact that the joint session resumed roughly 5 hours later. By definition, something that (seriously) threatens our democracy or the processes of government will not be recovered from that lightly.
Jack Boots need a whiff of grape!