Will the capital rioters be "charged" with insurrection?

Words are a powerful thing, as any propagandist will tell you! 

After months of "mostly peaceful protests" involving black lives matter and antifa groups, apparently we now had an "insurrection". The question becomes whether or not the wording is actually reflective of the actions. 

To be clear, the mostly peaceful protests involved dozens of deaths, injuries to hundreds of police officers, billions of dollars in damages, more felonies committed than can be counted, and hundred of arrests. We had frontal attacks on police and federal law enforcement with armed and armored antifa acting in what was almost military coordination. We even had portions of Capital Hill taken over and held by armed citizens. Of course, what they did is apparently less important than the wording used to describe those actions.

But on January 6th we had what has been described as an armed insurrection from violent rioters who apparently wanted to overtake the Federal government. So far, we have had approximately 120 people arrested according to media reports. Although the official website from the DOJ only lists charges for approximately 60.

Of those, two were arrested for charges related to weapons.. One person was charged with having weapons "readily assessable" at the capital grounds while another was charged with possession of an unregistered firearm and carrying without a license. Two people (mother and son) were charged with conspiracy civil disorder because their actions were preplanned and they came together. Three people have been charged with theft of government property. Five others were charged with some form or resisting arrest or assault of an officer. One might suspect that with a dead police officer involved that some charge(s) of homicide should be coming eventually, or at least one would hope.

The bulk of the remaining charges have been related  to 40 U.S. Code § 5109 - which is specific to actions that take place at the nation's capital. For now, most of the charges have been akin illegal or violent entry, trespassing, and disorderly conduct, albeit with slightly different wording. These are basically misdemeanor charges that generally result in fines, but could also result in jail time of no more than six months. 

But as of today, nobody has been charged with Seditious Conspiracy, Insurrection, or any sort of charges of Rebellion. Those are real charges that could be brought if certain legal experts are correct, but may be difficult to prove if other legal experts are to be believed. Obviously charges can be amended and others could be arrested. But if recent DOJ statements can be taken at face value, they seem less inclined than they were in the immediate aftermath to suggest that they have any hard evidence that any of the people arrested were engaged in a planned coup to take over the United States government. 

Could this change, when the Biden administration steps into power? Perhaps. I would think there will be a lot of pressure from the left for the Biden administration to push prosecutors to make a case that is more in line with the narrative that they are delivering. Sort of hard to justify an impeachment of a President for inciting an insurrection, if the DOJ is not legally making the claim that the riot was actually an insurrection. 

But whether or not such a case could be made is a completely different story. More to the point, the actual people who are mostly responsible for much of the pre-riot social media buzz seem to fit the mold of anarchists and general instigators, more than they do average everyday Trump supporters. Obviously it would not hold the same political clout to charge these people (several of whom have been tied to multiple riots over the past year) as it would to be able to charge a bunch of average everyday Trump supporters. In fact, that actually might raise questions that certain people will not want to answer for.