Yes, you can cherry-pick a population that doesn’t have insider information where 33% beat the market in any given year, but you wouldn’t expect that same population to consistently beat the market, year over year. In fact the whole argument for index funds is that, in aggregate, no one, including professional traders or anyone else without unfair market advantage, consistently and reliably beats the market itself over the long run. But it seems here’s a population that both inarguably has insider information and where 33% does consistently beat the market over and over, year after year.

Lack of evidence also simply isn’t particularly relevant, as the point isn’t to convict the legislator — who has the power to ensure such evidence isn’t available, and even if it were that it wouldn’t represent a crime, and even if it did that they wouldn’t be punished, etc — but instead to convince the voter to consider whether or not their vote should go to someone who disagrees with the notion that Caesar must be beyond reproach.