Perhaps. But a televised violent attack on the Capitol as delegates are set to certify a duly elected presidential election is pretty damn obviously to probably more than a billion people worldwide as an insurrection.

Success in overthrowing a government isn’t necessary to call an event an insurrection. If that was the case, the Civil War itself would not be an insurrection because the Confederacy was ultimately defeated.

And yet the government and Courts clearly recognized the Civil War was an insurrection, January 6th, too, was also an insurrection. We watched it unfold with our own eyes and this tortured wordsmithing cannot reverse the reality of what we saw.