John Eastman can't remain unindicted.
His plan originally depended on state legislatures calling their state's election results into question, and when they wouldn't do that, he switched to urging them to just name new electors by sheer force of their majorities.
And when they wouldn't do that, he switched to urging them to "leave it to the courts."
And when the courts rejected him, he switched to attacking the Capitol, and saying sometimes violence was necessary to "protect" the republic.