How is it a conundrum? That's why criminal mindset - the mens rea - is necessary.
It's a conundrum inasmuch as you can't afford to be mistaken on what the law does and does not allow you to do. The consequences of being wrong are so severe, that if there's any doubt in your mind, you're better off doing nothing.
In this case, it's not whether a gun has been drawn, but whether Trump's efforts were at any point, more than simply requests. His attorneys are soft-pedaling and dancing around some of the more serious elements of the indictment. I'm not faulting them for this, as it's their job, but the questions remain.
I could be wrong, but I therefore believe a major focus of the upcoming trial will Mike Pence, the alternate electors and what exactly Trump expected of them. What Pence is willing to testify to and who (If anyone) can corroborate it remains to be seen.