Mitchell: "This was a riot. It was not an insurrection." Huh? I think he just hung his client.

[Ocelot II]

12. It doesn't matter. Appellate courts don't reconsider findings of fact.

Their job is only to consider legal issues and whether the lower courts decided them correctly. The trial court in Colorado found as a matter of fact that there was an insurrection and that Trump instigated or participated in it. If Mitchell wants to call it a riot, it doesn't matter because the facts of this case have already been decided - and one of those facts was that there was an insurrection. Maybe you could call it an insurrection in the form of a riot, but even the dictionary definition makes it pretty clear: An insurrection is "an organized and usually violent act of revolt or rebellion against an established government or governing authority of a nation-state or other political entity by a group of its citizens or subjects." The reason for the "riot" wasn't to loot the Capitol (although there was some of that) or even to protest the result of the election; it was a violent attempt to prevent Congress - a governing authority - from completing the procedure for the transfer or power to a new administration. Mitchell can go shit in his hat.