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Because like so many things Trump/MAGA related, we're in untested territory. No judge wants to be the one to figure out how to prosecute some law that was last invoked in the 1800s, if ever at all. There has to be a trial of some sort, otherwise what's to stop one political party from declaring the other "insurrectionists" in areas where they have a supermajority?
We already blew past all the "right" ways of handling this shit, but spineless dipshits refused to convict him in either impeachment, which would have been the sanest way to keep him off the ballot. They literally lived through the evidence, but here we are. (Ok maybe not all the ways, there's obviously trials in process for Jan 6, and he could actually face jail time, but we're still in untested territory because that may not actually preclude him from holding office)