Swalwell sues Trump, others over Capitol riot
WASHINGTON — Rep. Eric Swalwell, who served as a House manager in Donald Trump’s second impeachment trial, filed a lawsuit Friday against the former president, his son, his lawyer and a Republican congressman whose actions Mr. Swalwell 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, DMiss., last month in an attempt to hold the former president accountable for his actions Jan. 6 following his Senate acquittal.
Mr. Swalwell charges that Mr. Trump, his son Donald Jr., lawyer and former New York City Mayor Rudy Giuliani, and Republican Rep. Mo Brooks of Alabama 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 how the Trumps, Mr. Giuliani and Mr. Brooks spread baseless claims of election fraud, both before and after the 2020 presidential election was called for now-President Joe Biden, and charges that they helped to spin up the rioters before they stormed the Capitol. Five people died as a result of the violence on Jan. 6, including U.S. Capitol Police Officer Brian Sicknick.
Trump spokesman Jason Miller called Mr. Swalwell a “low-life” with “no credibility.”
“Now, after failing miserably with two impeachment hoaxes,” Mr. Swalwell is attacking “our greatest President with yet another witch hunt,” Mr. Miller said in a statement.
Mr. Brooks said the lawsuit was frivolous and “a meritless ploy.”
The lawsuit, through Mr. Trump’s own words, accuses the former president of inciting the riot, using much of the same playbook used by Mr. Swalwell and others during Mr. Trump’s impeachment trial: that his lies over the election results stirred supporters into the false belief the election had been stolen, that he egged the angry mob on through his rally speech, and that he did nothing when faced with the images of throngs of his supporters smashing windows at the U.S. Capitol and sending lawmakers fleeing.
“Those with knowledge claimed that during this moment of national horror, Trump was ‘delighted’ and was ‘confused about why other people on his team weren’t as excited as he was.’ Others described Trump as ‘borderline enthusiastic’ about the unfolding violence,” according to the suit.
Unlike Mr. Thompson’s lawsuit — filed against Mr. Trump, Mr. Giuliani and some far-right extremist groups whose members are alleged to have participated in the insurrection — Mr. Swalwell’s did not specify whether he was filing in his personal or official capacity, which would require additional approvals from the House and involve House attorneys.