Pure Devil's Advocate stuff here:-
- January 6th wasn't an insurrection
- January 6th was an insurrection, but it had nothing to do with him
- Even if it were an insurrection - he's not been convicted by any authority for it (including his impeachment)
- Election officials aren't the proper arbiter for this in the absence of a conviction
- the 14th Amendment wasn't designed to be employed in a party political way (were election officials party apparatus when it passed?)
I'm not saying I buy any of the above - but would these be a comprehensive list of his arguments?