As the Colorado Supreme Court wrote, January 6 meets the bar for insurrection āunder any viable definitionā of the term. The legal scholar Mark Graber, who has closely studied the Fourteenth Amendmentās history, argues that āinsurrectionā should be understood broadlyāan act of organized resistance to government authority motivated by a āpublic purpose.ā That certainly describes the Capitol riot, in which a violent mob attacked law enforcement and threatened members of Congress and the vice president in order to block the rightful counting of the electoral vote and illegally secure the victory of the losing candidate. The historical record also suggests that the amendmentās requirement that a prospective officeholder must have āengaged in insurrectionā should also be understood broadlyāmeaning that Trumpās speech on the Ellipse that morning and his encouragement of the rioters while they smashed their way through the Capitol more than fit the bill.
First, this example was an adjudication of the facts regarding FITNESS, and not based on his CONVICTION under the Espionage Act. He was disqualified in almost entirely the same way that Donald Trump was disqualified in Colorado. His appointment was challenged by average citizens.
Second, by self-executing the meaning of this is not necessarily that by magic or preturnatural means that Donald Trumpās name will no longer appear on the ballot. There may still be other legal process in each state to remove him, which is what we have seen. That does not, however, require CONVICTION for insurrection or espionage (as in your example), which is what the legal argument means by self-executing.
In the link below you can read the background regarding the very first case that was decided under the Section 3 of the 14th Ammendment, and how that decision was at best from a judge with an ulterior motive or compromised judgement where he knew he was not acting in the spirit or intention of the law. Every single piece of contemporaneous discussions about this Ammendment shows that it was well understood to be self-executing in the sense that it did not require prior conviction. No amount of revisionist history, or attempts to smuggle in doubt will change that.
https://www.dorfonlaw.org/2023/08/what-it-means-to-say-that-section-3-of.html?m=1