There seems to be enough grounds to have Donald Trump prosecuted by the Justice Department and Attorney General Merrick Garland for the events leading up to the January 6, 2021 US Capitol Insurrection.
But indictment is the first step, while trial and conviction are much more complicated.
The charges that could be used to indict Donald Trump include:
Obstruction of an official proceeding of Congress, the Electoral College vote by the Vice President of the United States
Seditious Conspiracy against the US government
Conspiracy to defraud the US Government, making fraudulent statements
The first two seem the most likely to move forward, but there is no certainty that such a case would be won in Court, and the Supreme Court, controlled by right wing conservatives, could rule in an appeal in favor of Donald Trump.
But if the thought is that prosecution would not succeed is the ultimate decision, then it sends a message to future Presidents that they can escape accountability.
It would set a standard that there are two systems of justice, so there are ramifications of prosecuting, including political turmoil, but also of choosing NOT to prosecute!