By the way Literally the attack on the capital doesn't even have to be the issue to prove his insurrection or rebellion against the united states. You are silly.
I don't think you actually know the definition of insurrection. It's the use of violence or the threat of violence to disrupt legitimate government function. You cannot be charged with insurrection unless the state can prove that you intentionally caused violence. They would have to prove that he knew there was going to be violence and intended for there to be violence. Whether or not he lied about the election and those lies spurred others to commit insurrection isn't enough to get a judge to rule that Trump himself was guilty of insurrection.
Trumps lies about the election are technically protected as political speech. The fact that other people used those lies to drive their own acts of insurrection isn't enough for most courts to rule against Trump. Intent plays a major role in both criminal and civil damages. Very few judges would be willing to rule that Trump committed insurrection unless there was clear evidence that he either actively conspired to plan the attack or had prior knowledge that others were planning violence.
Now, if there was evidence that he contact with the proud boys or others are were the ones who planned the attack and knew that the attack was going to happen beforehand, that would be a different matter. That would easily convince a judge to remove him from the ballot.
But no court would do so based only on the fact that his lies were the pricing force behind the actions of others. To be guilty of insurrection, there must be overt actions taken to cause violence.
Ill give an example.
If a person gives a public speech saying that a public speech saying That the capital building should be blown up, That isn't enough to get that person convicted for insurrection, even if someone else is inspired by that speech to do it. In order to be convicted they would Have needed to have taken an overt step to make it happen.
The law has Very thin margin when it comes to things like insurrection and sedition. Without overactions being taken and clear intent, The law will usually conspeech that promotes such activities to be considered. Political speech protected by first amendment.
You can usually get away with promoting rebellion or insurrection, Unless you have taken an over step to cause it to happen.