Was reading an article and saw that federal charges, potentially including inciting sedition and murder may be brought to those who organized and incited the storming of the Capitol. In 1969, the U.S. Supreme Court, in Brandenberg v Ohio, found that the government can punish inflammatory speech when it is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
It's hard to argue that the Trump, Jr., and Rudy didn't play a role in organizing and inciting it, since Trump called for his supporters to come to a specific place on a specific date. Tens of thousands of his supporters came specifically at his request because he said he needed them. At the rally right for the storming, just quotes I caught were "we will never concede", "march on the Capitol", "You will never take back our country with weakness, you must show strength", and "Let's have trial by combat".
Based on that, I am fairly certain if they were anyone else, they would be federally charged and be in police custody. So the question is should and will any of them, especially after 1/20 when Trump does not hold public office?