The problem in this case and in the Whitmer one, is that there appears to be evidence that federal agents are the ones leading the illegal action(s).
This was confirmed in the Whitmer case. There's nothing to debate on that one. And now we have leadership in the F.B.I. who won't deny that a specific individual -- who directed others to enter the capital and tear down barricades and who has been named/identified -- is a federal agent.
So suddenly, it appears that Trump (who clearly said to make your voices heard peacefully) isn't the one who is responsible for idiots entering the capital.