(Reuters) – A Democratic Congressman has sued Donald Trump, his attorney Rudy Giuliani, and other former president’s allies for the deadly attack on the U.S. Capitol when violent Trump supporters tried to stop confirming Trump’s electoral defeat.
The civil lawsuit, filed in Washington federal court, claims that the attack, which killed five people, including a police officer, was a “direct and predictable consequence” of illegal acts by Trump, Giuliani, Trump’s eldest son, Donald Trump Jr., was. Republican Congressman Mo Brooks and others.
“As such, the defendants are responsible for the ensuing injury and destruction,” said Eric Swalwell, who filed the lawsuit.
Swalwell was one of the impeachment executives who tried last month to convince the U.S. Senate to prevent Trump from taking office again, saying Trump instigated the violence. The Senate voted to acquit Trump.
The lawsuit, based on impeachment evidence, including Trump tweets leading up to the attack, describes the former president’s efforts to pressure state lawmakers to halt President Joe Biden’s victory.
Trump spokesman Jason Miller said in a statement that Swalwell “is a low-life with no credibility”.
Giuliani did not immediately respond to a request for comment. A Brooks spokesman also did not immediately respond to a request for comment.
Swalwell is the second lawmaker to sue Trump over the insurgency.
Rep. Bennie Thompson, a Democrat who chairs the House Homeland Security Committee, filed a lawsuit last month accusing Trump, Giuliani, and two right-wing groups of conspiring to instigate the insurgency.
Swalwell’s lawsuit alleges Trump and his allies violated a U.S. law that bans conspiracies to violate civil rights. The lawsuit seeks monetary damages, including punitive damages, against the defendants.
Jessica Levinson, a professor at Loyola Law School in Los Angeles, said Swalwell’s lawsuit was “not a slam dunk” but could result in Trump sitting on oath for an interview.
“As with so many suits against Trump, the name of the game could be to let the suit run long enough to make deposits and get discoveries,” Levinson said.
Reporting by Lisa Lambert in Washington and Jan Wolfe in Boston; Arrangement by Scott Malone, Toby Chopra and Steve Orlofsky
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