Doesn’t someone have to be convicted of a crime, before he can be punished for it? In the case of Trump, the fact that he hasn’t been charged with it, suggest it is widely considered that they couldn’t come close to convicting him. Because some prosecutor out there would be lauded for trying.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Nothing about have been convicted of.