There was plenty of opportunity through January and February for "prescient" trading decisions. The main decisions in question are those executed by US legislators immediately following a national security briefing. I'm not saying it's illegal, it's not; but they're assholes for selling after the briefing and still deliberately telegraphing otherwise.
Which isn’t to defend or justify insider trading by Congress. There were intelligence analysis reports floating around Washington DC in 2019, so it was a known risk. But you didn’t need to be a beltway insider to see that possibility when insuring against that risk was very cheap.
What nonpublic information about a publicly traded company do you think they received?
PS: email me
Indeed, there is a bell curve of "wait-and-see-what-the-others-do".
The pandemic seemed obvious in February; I know dozens (myself included) who bought masks and supplies long before the run on stores, long before even the USG was lying to people telling them not to wear masks (to preserve the supply). The briefings were around then. Were I a gambling man, I too would have shorted airlines then, and I wasn't in any of those private briefings.
The abuse is when they trade and then pass laws affecting the industries. A lot of kerfuffle has been around the covid briefings, but they didn't get anything an observant outsider couldn't see as well.
It has to be nonpublic information to be insider trading.