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I get it but beating the market by whatever percentage is not the deciding factor in whether or not you're making an insider trade. I expect lawmakers to follow the same laws as the rest of us.
Statistically, as a group, congress members are doing no better in the market than any average trader, and many of them are in fact doing worse. If you have some evidence that actually shows there is some broad corruption involved (not with one or two, but like with a statistically significant number of them, say >10%) I would be very interested to see it.
Otherwise, you're just making vague implications based on assumptions.
The number of people trading with insider information also isn't a deciding factor in whether it's illegal.
Here's at least one case that's pretty clear cut I feel, so it does happen - https://www.politico.com/news/2024/07/10/democrats-mike-garcia-boeing-stock-00167225
If they're going to say this is a tough rule to follow they're already too far gone and as you said most would do better just buying SPY anyway.