January 6 was an insurrection. Why DOJ chooses to or not to pursue charges is not something I’m privy to. Biden, Pelosi, Garland and others are governing as if the political norms haven’t drastically changed. While DOJ is headed by a moderate Republican it’s not as if he can control the rank and file to do his bidding. He has great influence but he’s not a dictator. Trump couldn’t dictate exactly what he wanted DOJ to do either. We haven’t reached that point yet.
Politics are involved and those in power do what they think is right considering their personal moral views/ambitions and their reading of what is politically feasible. That it isn’t being treated as an insurrection indicates to me the fragility of the system. The precedent has been set. Don’t like the result of a Presidential election and you have an army of fanatics willing to assault the Capitol then you may have them do so with impunity.
That reasonable people such as yourself don’t see the danger in this tells me that we are past the point where we will ever return to normalcy in governance. Eventually one side or the other will lead us to authoritarianism or secession.
EDIT: Capone was never charged with murder. Do you think he was never guilty of murder or being the cause of murders? One must disassociate the actions/intent of a person from the charges used against them. Perhaps prosecutors think Republican jurors will balk at the notion of insurrection and will never convict on this charge despite the evidence. You appear to ignore the plain evidence of insurrection and refuse to use that term.