I'll leave the decision to the DOJ. (Not that we have a choice.)
"One was the revelation that there were a lot of people in the crowd who were armed, and the government knew that they were armed, and the White House knew that they were armed. That changes the complexion of the event. It doesn’t quite look like “peaceful protesters wandering around the Capitol but then it got out of hand.” I mean, that was always an implausible scenario anyway. But the people around the rally were armed and that was OK with the Trump administration. That was pretty striking."
Harvard Kennedy School political historian Alexander Keyssar discusses revelations about former President Trump and his top White House aides at this week’s Jan. 6 hearing.
news.harvard.edu