Shouldn't intent matter? A pitiful, doomed to fail attempt is still an attempt. If overturning the election wasn't their intent, then what was?
Of course intent matters .. why would you claim otherwise .. as I certainly never did. Intent to do what being the primary question. You say a failed attempt .. a failed attempt at what ? There was no attempt at civil war style rebellion .. something that requires military support and involvement of a whole lot more people.
Your own question back at you .. except this time its not strawman fallacy .. shouldn't actus rea matter ? that the people have actually done what they are being accused of .. have to have committed the crime .. to be guilty of insurrection.
There was no civil war attempt .. no attempt at takeover of the Gov't and the Nation through civil war / military action. This is 3rd world kangaroo loopyville - an anathema to logic, reason, the rule of law and principles of Justice.
The protesters hoped to change the Gov't .. but by legitimate means .. investigating election fraud .. that was the intent of the protest .. the hoped for outcome of the protest was an investigation . .having the potential to change an election result .. not a civil war and military take over of the nation. ..