It is within Biden's conclusive and preclusive authority to protect the country from insurrection, and eliminate insurrection leadership to prevent repeat attempts.
Never has been, at least since Brandenburg v. Ohio. Of course, lots of "legal" conduct can still constitute probable cause for an unpleasant visit from the FBI.
True. SCOTUS should just come out with it, and every decision they make like this as an asterisk leading to a footnote that says: "does not apply to the proletariat or anyone who does not have a net-worth in excess of $10 million".