The problem with your logic about incitement is entirely with one statement that Trump said in his speech to the protestors that day - "We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women, and we’re probably not going to be cheering so much for some of them, because you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”

Take that statement, in conjunction with the various things said both during and after his re-election campaign with some directly referencing January 6th and encouraging people to come, and you have a decent case supporting his incitement of insurrection.

Communications between people in the Trump camp, Proud Boys and Stewart Fuckface Rhodes who has been convicted of seditious conspiracy - if Smith can prove any connection and proof through texts, notes, etc - and you have a FPOTUS who should start fitting himself for at least an ankle monitor for the rest of his life.