If January 6 was an insurrection, then why have none of the more than 1,000 who have been prosecuted been charged with insurrection?
Just a thought, but maybe it is because an insurrection is the sum of its parts.
Josh Blackman, professor of constitutional law at South Texas College of Law, says the crime of insurrection is very hard to prove. Federal prosecutors must prove these folks went to the Capitol building with the intent of overthrowing the government. This may have been the intent of some folks who participated in the January 6th 'whatever you want to call it,' but it is unlikely it was everyone's. My guess is many people who stormed the capital simply intended to disrupt the official count of electoral votes. Many more were just along for the ride or there 'to party', as it were, i.e. Jacob Chansley, sometimes referred to as the QAnon Shaman.
What rises to the level of an insurrection is wide ranging and debatable. According to a PBS lesson plan, events which historically rose to the level of an insurrection in the U.S. are, Shays’ Rebellion, January 1786, The Memphis and New Orleans Riots of 1866, Wilmington Coup D’état of 1898, Ocoee Riot, November 3, 1920, Protests at UC Berkeley, Free Speech Movement 1965. Some other examples of events that may be considered insurrections are the New York Draft Riots of 1863. Which may be the most violent insurrection in American history. This event continued over the course of four days.
Sometimes these events are called rebellions. Perhaps, it would be more accurate to label the event at the U.S. Capitol on January 6th a rebellion which according to Websters definition is: an open, armed, and usually unsuccessful defiance of or resistance to an established government. B.: an instance of such defiance or resistance. The event on January 6th, 2021, was an attempt to overturn his November 2020 election, which to my mind is not the same thing as overthrowing the government.
The bottom line is that the Department of Justice most likely charges folks with crimes that have a good chance of being proved. Many constitutional 'legal eagles' maintain convicting someone of being an insurrectionist is difficult. The hundreds of folks who have been charged and convicted in connection with the events of January 6, 2021, are probably lucky they weren’t additionally charged with insurrection. On the other hand, whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States of laws thereof, or gives aid and comfort thereto, shall be fined under this title or imprisoned for not more than ten years, or both, and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)