I think President Biden may choose not to prosecute his predecessor, though I would advise him to do so at least for the most obvious acts of malfeasance and corruption. I agree that sedition is the greater offense, but that's the one that would look most like political persecution of the loser. Nail the bastard for being a grifter, a tax cheat, and a crook; don't martyr him for being an insurrectionist.
I'll be satisfied (though I'll still grumble) if our new Chief Executive just lets 45 and his legal buffoons face the courts that now are getting ready for him in New York. Competent attorneys could no doubt keep the orange one out of a matching jumpsuit, but with any luck he'll stick with Giuliani and they'll end up doing time together.