Congress has already determined, as a matter of law, that the Jan 6 Capitol attack was an insurrection.

[pnwmom]

24. I misspoke. It was sedition -- or seditious conspiracy -- that was the most serious charge.

https://www.justice.gov/opa/pr/jury-convicts-four-leaders-proud-boys-seditious-conspiracy-related-us-capitol-breach

Jury Convicts Four Leaders of the Proud Boys of Seditious Conspiracy Related to U.S. Capitol Breach

https://www.findlaw.com/criminal/criminal-charges/sedition.html#:~:text=Also%20known%20as%20%22sedition%2C%22,to%20destroy%20or%20overthrow%20it

Seditious Conspiracy and Federal Law: The Basics

The federal law against seditious conspiracy is in Title 18 of the U.S. Code, specifically 18 U.S.C. § 2384. That section of the U.S. Code deals with treason, rebellion, and similar offenses.

That section of the U.S. Code lays out a definition of sedition. Sedition is a crime involving two or more people in the United States:

To conspire to overthrow or destroy by force the government of the United States or to level war against it,
To oppose by force the authority of the United States government,
To prevent, hinder, or delay by force the execution of any law of the United States, or
To take, seize, or possess by force any property of the United States.