So what? Everyone has known that Trump took part in an insurrection for years and it hasn’t made a bit of difference. Unless you have a specific case in mind where that legal distinction is likely to make a difference then you’re just debating the semantics of “nothing happened to him”.

We already know history will not look favorably on Trump. Solidifying the words future historians will use to describe him doesn’t make his election to a second term any less likely.