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Congressman files civil lawsuit against Trump over Capitol insurrection

Congressman files civil lawsuit against Trump over Capitol insurrection

8.03.2021 | Marie Feyche | U. Pittsburgh School of Law, US MARCH 7, 2021 12:14:46 PM | 768

Democratic Representative Eric Swalwell filed a civil lawsuit in federal court against former president Donald Trump, Donald Trump Jr., Rudy Giuliani, and Republican Congressman Mo Brooks on Friday, alleging that the deadly Capitol insurrection on January 6 was a “direct and foreseeable consequence” of the defendants’ unlawful actions.

Only the United States Attorney General can file a criminal lawsuit against a former president. Other civil lawsuits have been filed in relation to the Capitol insurrection. On February 16, representative Bennie Thompson filed a civil lawsuit against Trump, Guiliani, the Proud Boys, and the Oath Keepers.

Swalwell’s lawsuit brings nine counts of conspiracy and negligence. Attorney Philip Andonian explained that the defendants “violated federal and state laws designed to protect people from precisely the conduct they engaged in.” Swalwell is seeking monetary damages, including punitive damages.

Swalwell was an impeachment manager who unsuccessfully attempted to convict Trump in the Senate in February. In his lawsuit, Swalwell draws upon evidence from the impeachment trial.

The lawsuit contains Trump’s tweets leading up to the attack to show that Trump attempted to undermine President Joe Biden’s 2020 election win. The lawsuit also discusses Trump’s efforts to pressure state lawmakers to invalidate the results of the election. Lastly, the lawsuit cites the speeches Trump, Trump Jr., Giuliani, and Brooks gave during the rally Trump held hours before the insurrection.

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