It is a pragmatic view, once he is convicted, then he can be slam dunked for insurrection via criminal prosecution, the only mechanism to do it. Nobody can get out from under a criminal conviction for insurrection and the 14th. We will see about immunity this week perhaps.
I guess immunity will not be granted. To disqualify him for insurrection, serial objectives must be attained.
1) There must be an indictment, superseding or freestanding.
2) A grand jury must recommend criminal charges.
3) DOJ must prosecute a criminal trial.
4) A petit jury must convict him.
4a) The judge must accept the verdict and go to sentencing.
5) The verdict and sentence must survive appeal.
Not one of these is a sure thing. Even if all proceeds to the sentence being imposed, it’ll take a long time. We’ve had multiple indications that this is an extraordinary trial, requiring extraordinary care by both the prosecution and the courts.
So Smith’s team is going for the charges most likely to lead to conviction, and the obstruction charge faces a serious challenge in Scotus. We’re in for a long and occasionally bumpy ride.