Well that's what the court dates are for to determine all that.
By the way everyone else , save for a few stolid holdouts, has referred to it correctly as an insurrection.
Of course, unless you also want to think and include Biden, as with myself, is making fake stipulations and moving goal post on the matter. Be my guest. Enjoy yourself in your delusion that it's a coup.
For the record, including from Bidens own lips what it is....
Speaking briefly to reporters upon his arrival in Milwaukee, Wisconsin, President Biden says it will be up to the courts to determine if the 14th Amendment applies to former President Trump, but he says it's "self-evident" that his predecessor "supported an insurrection."
www.c-span.org