Aside from the nonsensical (from a legal standpoint) of "he did it so he had the authority", Trump did deploy the National Guard during Jan 6th. Or more accurately, he had delegated that power earlier to Defense Secretary Chris Miller who did indeed invoke it. In fact,
Pentagon and
DC mayor did not want National Guard deployed so they could make use of the drama.
Also, Pelosi had been recorded privately considering the lack of National Guard troops to be
her fault.
Secondly, it can hardly be said that a ruling government can commit a insurrection against itself. This is not just wordplay, federal law makes it clear that the crime is "insurrection against the authority of the United States". The authority of the United States is vested in the president which Trump was at the time.
Thirdly, no common law or otherwise has ever held that inaction is equal to aid, and it is -in fact- something Supreme Court has explicitly rejected. "Importantly, the concept of “helping” in the commission of a crime—or a tort—has never been boundless. That is because, if it were, aiding-and-abetting liability could sweep in innocent bystanders as well as those who gave only tangential assistance. For example, assume that any assistance of any kind were sufficient to create liability. If that were the case, then anyone who passively watched a robbery could be said to commit aiding and abetting by failing to call the police. Yet, our legal system generally does not impose liability for mere omissions, inactions, or nonfeasance; although inaction can be culpable in the face of some independent duty to act, the law does not impose a generalized duty to rescue. [...] For these reasons, courts have long recognized the need to cabin aiding-and-abetting liability to cases of truly culpable conduct. [...] In other words, the defendant has to take some “affirmative act” “with the intent of facilitating the offense’s commission.”" - Twitter, Inc. v. Taamneh | 598 U.S. ___ (2023)
And, fourthly, the Supreme Court has already held that Pat's theory of 14th amendment is nonsensical
