As for the first bolded sentence, lawyers try all sorts of tricks like this. Look at Letitia James' idiotic lawsuit against Trump.
And thank you for the 2nd bolded sentence. No, Trump did not tell anyone to break into the Capitol and in fact told them before and just after violence broke out to be peaceful. Obviously they didn't listen.
The reality is that all it takes is for one idiot to do something stupid, like break into the Capitol, of their own volition and then other idiots decide it's a good idea to do the same. It was like what we saw play out over and over during the Summer of 2020. One idiot decides to smash a store window and a bunch of other idiots start looting the place. It's shameful no matter who does it and there is no excuse for it.
Again I have no issue punishing those who broke laws. I do have an issue with those who were allowed in either by CP or doors that magically opened. But that's it.