18 U.S. Code § 2102.Definitions
(b)As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
The FBI had intel published on January 5, 2021 that there were people coming and planned on carrying out acts as seen on January 6, 2021. Excluding those individuals, were other people who came to the rally on January 6, 2021 incited by that rally to riot? That is the accusation which requires being proven by evidence.