Which is not a crime.
Here:
If Trump supported a rebellion or insurrection, what was the plan? Not only did Smith not charge him with any such crime, but there was little evidence that even the most radical defendants charged were planning to overthrow the nation’s government or were part of a broader conspiracy. There were no troops standing by, no plan for a post-democratic takeover by Trump or his alleged minions. At worst, according to witnesses against Trump, there was a despondent and defiant president who may have gotten satisfaction from the chaos in Congress.