One of my favourite podcasts (Behind the News with Doug Henwood) covered the insurrection case a few weeks ago. TLDL: The case against trump will most likely fail. The disqualification clause of the 14th amendment has very little jurisprudence dealing with it and basically hasn't been invoked since the civil war. There are seven legal hurdles the prosecution has to get past to make their case and trump only has to beat them on one. The first amendment is one, another is that the clause in the 14th amendment requires congress has to act to implement the clause/section in question and it hasn't. The fact that Trump hasn't been charged in any court with insurrection (rather than being disqualified for alleged insurrection) is another problem. There is also the question of whether the case is wise strategically. The democrats/liberals once again are showing their preference for legal work-rounds rather than popular appeal.
Skip to 5:14 for the relevant part. The segment ends at 30:30
Those two arguments are nonsense though. The first ammendment does not cover incitement to imminent unlawful violence. The trial court and intermediate appellete court rejected Trump's first ammendment claim and not a single SCOTUS judge raised it in oral argument. It has no chance. The claim that section 3 of the 14th ammendment requires congressional action is similarly bogus, there is nothing in the text of the section that suggests that - quite the opposite (it says "Congress may, by a vote of two-thirds of each House,
remove such disability"). A brief filed by legal historians
documented that the framers of section 3 did not require any additional actions by Congress to effectuate section 3 (see pages 14-27). The SCOTUS conservative majority claim they look to the original meaning of words in the constitution and 'history and tradition' to interpret it, but, as expected, in this case they ignored all that because it is inconvenient to them.
Also, the democrats and liberals had nothing to do with this case. It was filed by Republican and independent voters (including former republican politicians) using legal theories developed by conservative academics and judges. Whether the case is strategically wise is open to question, it will likely lose, as most predicted it would, but for political rather than legal reasons. Trump did engage in insurrection - he incited a violent mob to storm the capital. Conservatives turn a blind eye to this or actively support his violence (one of the SCOTUS judges' wives participated in this insurrection). Liberals, by contrast, are fearful of the violent backlash from Trumpist thugs and malicious, bad faith retaliatory weaponisation of the law threatened by Republican State officials. Fear and complicity will allow the would-be dictator to get away with this one.
This is a disaster. The criminal terrorist Trump gang are a fascist virus, you don't pander to fascists, you don't avoid confrontation or application of the law to them because you fear a backlash. History tells us that there is only one response to fascists in power or fascists on the brink of power - they must be totally wiped out, utterly shattered and mercilessly crushed by any means necessary. I fear many in America have not learned this lesson.