“congressional action is needed before courts can intervene” meaning that congress needs to investigate for insurrection in order to charge him for the crime. it would still eventually come back to the courts to decide on a verdict.

edit: my wording of “it wont go to congress” was clumsy. i meant that congress wont be the ultimate body making that decision. congress can decide to not disqualify even if hes found guilty, but thats if both houses pass a 2/3 vote