Maybe I'm naive, and I'm certainly not a lawyer or legal expert, but if someone's stated goal is to overthrow the elected government of the United States and that someone is fomenting violence and threats of violence against those who don't want to overthrow the elected government of the United States, then it would be patriotic to arrest that person.
It would be patriotic to hold them without bail until trial so that they can't keep fanning the flames of rebellion, a rebellion that is based on lies that have been called lies by people across the political spectrum and by dozens of courts of law.
It is damn hard to escape the idea that Trump was hoping that members of Congress who opposed him would be killed..