The Colorado Supreme Court faulted President Trump for not responding, in their view, with alacrity when he learned that the Capitol had been breached. 38 Even, however, the Colorado Supreme Court conceded that not acting does not constitute “engagement” in insurrection. App. 91a (¶ 195) (“The force of the term to engage carries the idea of active rather than passive conduct, and of voluntary rather than compulsory action.” (quoting The Reconstruction Acts, 12 Op. Att’y Gen. 141, 158 (1867))