Impeachment manager sues Trump over riot
WASHINGTON — Rep. Eric Swalwell, who served as a House manager in Donald Trump’s last impeachment trial, filed a lawsuit Friday against the former president, his son, lawyer and a Republican congressman whose actions he charges led to January’s insurrection.
The California Democrat’s suit, filed in federal court in Washington, alleges a conspiracy to violate civil rights, along with negligence, inciting a riot and inflicting emotional distress. It follows a similar suit filed by Rep. Bennie Thompson last month in an attempt to hold the former president accountable in some way for his actions Jan. 6, following his Senate acquittal.
Swalwell charges that Trump, his son Donald Jr., along with former New York City Mayor Rudy Giuliani and Republican Rep. Mo Brooks of Alabama, had made “false and incendiary allegations of fraud and theft, and in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the U.S. Capitol.”
The lawsuit spells out in detail how the 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.
Trump’s spokesman Jason Miller called Swalwell a “lowlife” 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.”
Unlike Thompson’s lawsuit, Swalwell’s did not specify whether he was filing in his personal or official capacity, which would require additional approvals from the House.
Presidents are historically afforded broad immunity from lawsuits for actions they take in their role as commander in chief. But the lawsuit, like the one by Thompson, was brought against Trump in his personal, not official, capacity.
Swalwell also describes in detail being trapped in the House chamber with many other members of Congress as plainclothes Capitol Police officers barricaded the doors and tried to fend off the mob at gunpoint.
“Fearing for their lives, the Plaintiff and others masked their identities as members of Congress, texted loved ones in case the worst happened, and took shelter throughout the Capitol complex,” the lawsuit reads.
The suit seeks unspecified damages.