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House Representative Eric Swalwell, D-California, filed a lawsuit on Friday against former President Donald Trump. The lawsuit filed claims that Trump incited the January 6th riot on the Capitol. The Swalwell lawsuit also accuses Trump lawyer Rudy Giuliani, Donald Trump Jr., and House Representative Mo Brooks, R-Alabama, of being solely responsible for the harm and destruction created by the mob.
Swalwell tweeted: “Today, I filed a civil claim against Donald Trump, Donald Trump Jr., Rudolph Giuliani, and Rep. Mo Brooks for inciting an attack against the Capitol that terrorized lawmakers and prevented us from certifying the votes of the American people.”
The lawsuit accuses the defendants of plotting to block President Joe Biden’s election victory, inciting the riot on January 6th, committing bias-related crimes, aiding and abetting common-law assault and intentionally enforcing emotional distress and negligence. Swalwell calls for a trial by jury in U.S. District Court in Washington.
Last month the Senate acquitted Trump of one article of inciting the insurrection at the Capitol, which forced a joint session of Congress into hiding and the death of five people.
Prior to the pro-Trump mob storming of the Capitol, Trump held a rally outside the White House. He recited claims of election fraud and other conspiracies and pressured Republicans to reject Biden’s election victory. Giuliani, Trump Jr. and Brooks also spoke at the rally, spewing claims that the election was stolen and to “stop the steal”.
House managers argued that the violence displayed at the Capitol was encouraged directly by Trump.
Trump and Giuliani have not commented on the lawsuit, but a Trump spokesman, Jason Miller, replied with multiple insults toward Swalwell accusing him of “attacking our greatest President with yet another witch hunt.”
Swalwell also points to Rep. Brooks’ comments where he “told the crowd to start ‘kicking ass.” A court filing said, “and he spoke with reverence, at a purportedly peaceful demonstration, of how ‘our ancestors sacrificed their blood, sweat, their tears, their fortunes, and sometimes their lives,’ before shouting at the crowd ‘Are you willing to do the same?!’”
The lawsuit argued that “intended these words as a threat of violence or intimidation to block the certification vote from even occurring and/or to coerce members of Congress to disregard the results of the election.”
Brooks did respond to the lawsuit saying, “I make no apologies whatsoever for fighting for accurate and honest elections.” He added, “In sum, I wear Communist-sympathizer Swalwell’s scurrilous and malicious lawsuit like a badge of courage. Under no circumstances will Swalwell, or any other Socialist, stop me from fighting for America.”
Swalwell argues that the lawsuit addresses the mob that attacked the Capitol “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.”
