The VP's powers of "presiding" over the certification of electors is deeply ambiguous.
Trump may have examined whether the states could have sent alternate electors, but at the time of the certification he was only talking to Pence about delaying certification. Hardly a crime, and quite possibly also an official act.
Solution: John Eastman should be Trump's next SCOTUS pick! It would be nice if he were a bit younger, but he's plenty vigorous and battle tested. Plus he would explode more liberal heads than any other possible pick.