Unfortunately this. The supreme court is utterly corrupt (literally, taking money and gifts for favourable rulings has been proven multiple times against Clarence Thomas). Stupidly, there is no way to hold supreme court justices to account for breaking the law other than impeaching them and they are in their position for life... The founding fathers wrongly assumed there would be people of integrity in the court and Congress.
I don't think they can claim Trump engaged in insurrection and still be eligible for president, the reasoning tried for that is utterly ridiculous, essentially that someone cannot run for an office of state if they engaged in insurrection, except for the presidency, insurrectionists would be allowed to hold that office still. Given the context of the amendment stopping Confederates taking office in the USA after the war, it's mad to assume they would have intended they could still run for president.
The supreme court will mostly likely rule that Trump simply didn't engage in an insurrection and I feel it's a ruling they could unfortunately make quite easily. Despite the evidence, his clear support of what was happening, his refusal to act to stop it, his constant egging on and directing of the rioters, his actions beforehand to ensure they had weapons, he STILL just about has enough plausible deniability, however flimsy.
www.theguardian.com
