How is this not a basis for a conspiracy charge?

For some perspective, Jan 6 defendent George Tanios faces serious conspiracy charges for saying "no no not yet it's still early" when his alleged co-conspirator asked for bear spray pic.twitter.com/q0ZZhcjWs8

— Darren J. Beattie 🌐 (@DarrenJBeattie) July 14, 2022