It appears that J6 cannot be called an "insurrection" since only the President can determine and designate a state of insurrection.
A 199-Year-Old Supreme Court Ruling Could Hand the President Unlimited Power
In 1827, the Supreme Court settled a question most Americans have never thought to ask:
Who decides when America is in a state of “insurrection”?
Their answer: the authority “belongs exclusively to the President.” And his decision is “conclusive.”
In other words…
We don’t need a vote from Congress.
Or a sign-off from a judge.
One man – Donald Trump – could over-rule every other branch of government – including the all-powerful “Deep State.”
https://www.thegatewaypundit.com/2026/09/promoted-post-52/