I thought about this, “if someone is found to have committed insurrection…”, does that require a conviction. The short answer is..yes, it does, because without a charge and conviction, then it could simply be left up to the interpretation of any given court if someone has committed insurrection. That interpretation could change from person to person. Some would be much more lenient in their definition, some would be more harsh. Also, not charging with the relative statute means someone could charge with any statute they think they could get a conviction on, and just call it insurrection and force a disqual.
Without the relevant charge, a republican Supreme Court could just as easily say that Biden, by not securing the border, is preventing the laws of the U.S. from being carried out and thus assisting in overthrowing the laws of the country. Is this how we want law to work?
The question is always ask is, if insurrection is so cut and clear, then why is it that nobody has charged him with insurrection? There has to be a reason they are avoiding that. You’d think it would have been the first charge levied. Yet, they seem to be shying away from it. Could it be that they know they might not be able to get a conviction on 18 US 2383, so they are going with lesser charges, but, are painting this narrative that “it’s all the same and he should be disqualified”?