The bipartisan Jan 6. Committee members are united in their belief that sufficient evidence exists to support a criminal referral against the former president. The only sticking point is the question of whether such a referral might needlessly politicize ongoing investigations at the DOJ.
Any kind of criminal probe of the former president would be politically charged, tainted, and swiftly answered by probes into Biden and his family's corrupt dealings.
Unless prosecutors can prove beyond a reasonable doubt that Trump had a corrupt intent in his efforts to challenge the certification of the 2020 election, none of this amounts to a hill of beans. Of course, there was overwhelming evidence to show that Trump lost the election fair and square, but if he sincerely believed that there was fraud, then there's no corrupt intent.