Not only was there potential for the insurrection act to be invoked. The huge National Guard buildup in Washington DC would have had to be authorized by Trump. It definitely looked like Trump's military occupied DC before Biden's Inauguration. If the law of war was invoked all of Biden's actions would have to be within limits set by the military. They even had a prisomer of war flag flying at Biden's inauguration. Check out the book Theory of Devolution on Amazon.