In other words, it isn't insurrection by law
In exact words, it was conspiracy. By law too.
"the Defendant perpetrated three criminal conspiracies: a. b. c.
A conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government, in violation of 18 U.S.C. § 371;
A conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected results of the presidential election are counted and certified ("the certification proceeding"), in violation of 18 U.S.C. § 1512(k);and
A conspiracy against the right to vote and to have one's vote counted, in violation of 18 U.S.C. § 241.