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Let them fight it; it is their right to do so, in the courts. That is where legal disputes are adjudicated. It would be appropriate for courts, if so requested, to determine as a finding of fact, whether the Jan 6 invasion of the US Capitol for the purposes of preventing legal federal business is an "insurrection" (NM already decided that it was), and whether the actions of a given person rise to the level of "participation," or "giving aid or comfort to the enemies of the United States."
The answers to the above are ones that it would be good for the judicial system to rule on, no matter what answer(s) come out of such hearings. The sooner we get to that point, the better.