from what i read (and i can't remember the source) the way the judges made up their mind was to view all available evidence presented to date and make a decision based on that. I don't have the legalese language to explain that but it seemed that due process was followed by the judges. Personally, the moment you publicly instruct your vice president to stop the necessary signing of documents needed to hand over power you have partaken in an "act of insurrection"