[andrewla]

Anyone who uses material non-public information to trade stocks is guilty of insider trading under current interpretations. If a member of Congress does so then they are also guilty. The question becomes whether you can prove this and whether a jury will convict on it; to date law enforcement has generally declined to prosecute these cases (as mentioned at the end of the article about COVID trading)

The SEC also requires that "insiders" make certain filings well in advance of trading stocks, but that is a separate issue.