Sure, if the court case goes before them, on average of 4 years after the actual crime. But seeing as the Jan 6th case was thrown out, it won’t matter what that determination would be if ignoring the Constitution and attempting to overthrow the government isn’t past the line.
Considering they already did, I’d say so.
You miss the part where the court gets to decide what is or isn’t an “official act”?
Sure, if the court case goes before them, on average of 4 years after the actual crime. But seeing as the Jan 6th case was thrown out, it won’t matter what that determination would be if ignoring the Constitution and attempting to overthrow the government isn’t past the line.