He did not ask them to be peaceful.... He said he knew they were going to be, and said before and after saying that, 10,000 reason why they need to change that and not be peaceful,Since he did say it, it may save him. IIRC, there were a few instances of him calling for peace. Politicians have used the word "fight" for a long time. And it's never meant anything until now. When morons thought they were actually going to accomplish something.
The key thing to do in any court, with a jury, is to "convince" the jury. That's it. The best salesman (attorney) wins.
...instead of a boxer with hands tied, let his hands lose, instead of fighting, fight like HELL, instead of being wimps like republican politicians, they needed to stand up and fight .....so so much of that type of rebel rousing rhetoric.
But that is not the sole indication of sedition or insurrection.....
ALL OF HIS ILLEGAL PLANS to illegally overturn the certification, Pence, the FAKE electors, the Republican State legislators, the 1/6 chaos, the Republican congress critters rejection of state certified results and votes, was ALL part of his SELF-COUP.....and any coup is a form of sedition or an insurrection against the nation....imo.
A self-coup, also called an autocoup (from the Spanish: autogolpe), or coup from the top, is a form of coup d'état in which a nation's head, having come to power through legal means, tries to stay in power through illegal means.
Also, the constitution makes no mention of a trial being held to determine an Insurrection.....law enforcement and a trial and conviction is NOT mentioned as a requirement to prevent candidates from running.....so as you mentioned, how is it determined? How would the founders or writers of the amendment, have determined such without the Code of Law?
It tells how to expel an existing office holder, through impeachment, with no guidance on preventing others from running and holding office.....?
It's a real pickle, as you state, imo too.