My gut instinct was the same as yours actually. But it’s not about my instinct, it’s about the interpretation of the law as written and the record of events of J6 when applied in that specific context.
Making an honest judgment call referencing the case law, constitution, state law, and precedent and then staying the decision to not go into effect until higher courts can rule on it is, despite my gut instinct, exactly the right call.
We all know this will end up at the Supreme Court, including the people who did their due diligence to write their best legal opinions.