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Swalwell Sues Trump, Others Over Capitol Hill Riot

March 5, 2021 by TWN Staff

WASHINGTON – Rep. Eric Swalwell, D-Calif., a House manager in Donald Trump’s last impeachment trial,, filed a civil lawsuit on Friday against the former president and others whose words and actions, he claims, led directly to January’s riot at the U.S. Capitol.

The lawsuit which was filed in federal court in Washington, alleges Trump, his son, former New York City Mayor Rudy Giuliani, and Rep. Mo Brooks, R-Ala., engaged in a conspiracy to violate civil rights, along with negligence, inciting a riot and inflicting emotional distress.

In a statement posted to Twitter, Swalwell said. “unable to accept defeat, Donald Trump waged an all-out war on a peaceful transition of power. He lied to his followers again and again claiming the election was stolen from them, fled a mountain of frivolous lawsuits — nearly all of which failed, tried to intimidate election officials, and finally called upon his supporters to descend on Washington D.C. to ‘stop the steal.’

“As a direct and foreseeable consequence of the Defendants’ false and incendiary allegations of fraud and theft, and in direct response to the Defendants’ express calls for violence at the rally, a violent mob attacked the U.S. Capitol and stopped Congress’s counting of Electoral College votes. The defendants assembled, inflamed and incited the mob and as such are wholly responsible for the injury and destruction that followed.”

The lawsuit spells out in detail how both Trumps, Giuliani and Brooks spread baseless claims of election fraud, both before and after the 2020 presidential election was declared and charges that they helped to spin up the thousands of rioters before they stormed the Capitol. Five people died as a result of the violence at the Capitol on Jan. 6, including a U.S. Capitol Police officer.

Trump’ spokesman Jason Miller called Swalwell a “low-life” with “no credibility.”

“Now, after failing miserably with two impeachment hoaxes,” Swalwell is attacking “our greatest President with yet another witch hunt,” Miller said in a statement. “It’s a disgrace that a compromised Member of Congress like Swalwell still sits on the House Intelligence Committee.”

Swalwell’s lawsuit it the second filed against the former president since he left office. Last month Rep. Bennie Thompson, D-Miss., also filed a suit seeking to hold Trump accountable for the riot.

Swalwell does not specify the damages he is seeking, though he does want the court to order the defendants to provide him with written notice a week before they plan to have a rally in Washington that would draw more than 50 people.

The lawsuit also does not specify whether Swalwell filed his lawsuit in his personal capacity or as a public official, which would require additional approvals from the House and involve House attorneys.

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