If that was true, then the court in Colorado would have thrown out the case that appears to be proceeding to Trial. I think these challenges are long shots and likely to fail, but not because of needing a court ruling saying Trump is guilty of causing an insurrection. In Minnesota they did not throw out the case. In fact the plaintiffs are invited back to file if Trump win's the Republican nomination which he will, so I expect it will be re-filed then.