Californian Congressman and former House impeachment manager, Eric Swalwell filed a lawsuit Friday against former President Donald Trump, Trump’s attorney Rudy Giuliani, Donald Trump Jr., and Alabama Congressman Mo Brooks.
The suit alleges that Trump and his allies encouraged the crowd of insurrectionists to storm the U.S. Capitol on January 6 and prevent lawmakers to certify the election of President Joe Biden. And that Trump, Trump Jr., Giuliani and Brooks broke the law by inciting the rioters and that they aided and abetted them to inflict emotional distress on the members of Congress.
"The Defendants, in short, convinced the mob that something was occurring that -- if actually true -- might indeed justify violence, and then sent that mob to the Capitol with violence-laced calls for immediate action," the lawsuit, in Washington, DC's federal District Court, alleges.
Friday's suit will likely find pushback against free speech protections for those who spoke at the rally prior to the insurrection, but since all those named in the suit are named in a personal capacity, they would be forced to use private attorneys and are not shielded by their public offices.
"Trump directly incited the violence at the Capitol that followed and then watched approvingly as the building was overrun," the lawsuit said. "The horrific events of January 6 were a direct and foreseeable consequence of the Defendants' unlawful actions. As such, the Defendants are responsible for the injury and destruction that followed."
Swalwell is suing for compensatory and punitive damages, and is asking for an order requiring all the defendants in the suit to notify him no less than 7 days before any future large rally is planned in Washington D.C., to give the Congressman time to go to court to prevent more violence.