Neither of those facts preclude the application of the 14th. The barrier is whether or not someone holding public office, having taken an oath to uphold the Constitution, breaks that oath via insurrection against the same. It does not matter that Trump was not punished. The acquittal does not erase the reality of the past: it is a dismissal of immediate consequences. Nothing more.
The fact that Congress acknowledged the reality of January 6th is more than enough for the 14th to apply.
I do. Thanks. You’re still focused on the wrong thing here.
Section 3 of the 14th Amendment does not require any specific test which defines “insurrection”. The impeachment is a useful anchor for establishing an agreement that an insurrection did occur and that Trump was, at the very least, an active participant in that insurrection.
The Insurrection Bar to Office: Section 3 of the Fourteenth Amendment (crsreports.congress.gov) provides an well crafted and neutral review of this. Its closing sentence is particularly relevant to our back and forth:
Republican strategy has long revolved around the targeted devolution of norms. They hide in the cracks between definitions which assume good faith participation in the labor of mutually consensual governance and shield themselves in perpetual faux-victimhood. If Congress does not pursue the execution of Section 3 it is nothing less than an abdication of their duty to their Oath of Office.
Your last paragraph is a result of misunderstandings and assumptions on your part.