--Many of the rioters who were there on Jan. 6 weren't charged, because they didn't give statements indicating any attempt to overthrow the government. Ergo, no intent.
--Many of those who supported the Jan. 6 rioters on social media weren't charged, because they weren't there. Ergo, no overt act.
--But those like Stewart Rhodes, who planned for the Jan. 6 rally *and* dressed up in tactical gear *and* actually showed up at the rally *and* marched to Congress *and* broke and entered Congress *and* gave numerous statements (online and offline) indicating their intent to harm lawmakers and otherwise disrupt the peaceful transition of power *and* said they would have caused even more mayhem if they could have.
That's a pairing of both intent and overt actions, and yep, those folks are guilty as charged.
If you knew anything about how the Jan. 6 prosecutions are actually playing out, you'd know there is great attention being paid to justice.