Eric Swalwell sues Trump, Don Jr., Rudy Giuliani, and Mo Brooks for January 6

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Democratic Rep. Eric Swalwell files a lawsuit against Donald Trump, Donald Trump Jr., Rudy Giuliani, and Rep. Mo Brooks for inciting the January 6 insurrection and violating both local and federal laws.

The lawsuit claims that the group conspired to violate the civil rights of the members of Congress gathered in the Capitol, to delay or prevent the certification of Joe Biden’s electoral win. It also charges the men under local DC law against inciting rioting and terrorism.

The complaint itself quotes Senate Minority Leader Mitch McConnell’s statement that Trump is “practically and morally responsible for provoking the events of the day” and that “[w]e have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.” Other Republicans echoed this sentiment.

Mother Jones

In a public statement, Swalwell demands a trial by jury in Washington.

Today, I filed a civil claim against Donald J. Trump, Donald Trump Jr., Rudolph Giuliani, and Representative Mo Brooks for inciting an attack against the Capitol that terrorized lawmakers and prevented us from doing our job of certifying the votes of the American people.

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, filed 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.

Rep. Eric Swalwell

Brooks spoke at the rally ahead of the march to the Capitol on January 6. Stop The Steal organizer Ali Alexander has also alleged that Brooks helped him plan the events of that day.

The lawsuit also cites comments made during that rally by Brooks. The Alabama congressman “told the crowd to start ‘kicking ass,‘” the court filing says, “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?!’”


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