So if one is not legally convicted or even charged with insurrection then how can it be an insurrection? Based solely on opinion?Because it was not well coordinated. Some individuals went there with that intent, and the rest were incited on the spot.
Because insurrection charges are never pursued. If it were that easy, then the people stating on video and facebook that their intent was to overturn the election and keep their orange pile of shit in power would already be in prison for insurrection, based on their public confessions.
So now you know.