|
Getting your Trinity Audio player ready...
|
Local U.S. Rep. Eric Swalwell (D-Livermore) sued former President Donald Trump, his son and two allies in federal court last Friday, alleging their words and actions before the 2020 election certification make them liable for the riot at the U.S. Capitol in January.
The civil complaint filed on behalf of Swalwell, a fifth-term congressman who served as one of House Democrats’ impeachment managers in Trump’s Senate trial that ended with acquittal last month, seeks a jury trial against the four defendants, award of damages and a declaration that they committed violations including inciting a riot, negligence, aiding and abetting assault, and inflicting emotional distress.
“Unable to accept defeat, Donald Trump waged an all out war on a peaceful transition of power,” Swalwell said in a statement announcing his lawsuit Friday morning.
“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,'” Swalwell added.
“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,” the congressman said.
In addition to the Republican former president, the civil complaint names Donald Trump Jr., former Trump attorney and ex-mayor of New York City Rudy Giuliani and current U.S. Rep. Mo Brooks (R-Ala.), citing their words and actions in attempting to overturn the presidential election results, including comments at a Trump rally in Washington, D.C., on Jan. 6 just before the breach of the U.S. Capitol.
Jason Miller, a spokesman for former President Trump, hit hard at Swalwell in a statement to the Associated Press about the new lawsuit, calling the Tri-Valley congressman “a low-life” who has “no credibility.”
“Now, after failing miserably with two impeachment hoaxes, (Swalwell is attacking) our greatest President with yet another witch hunt,” Miller said, according to the AP. “It’s a disgrace that a compromised Member of Congress like Swalwell still sits on the House Intelligence Committee.”
Brooks cast the lawsuit off as frivolous and “a meritless ploy,” in a statement to the AP.
Swalwell was among the scores of House of Representatives and Senate members, both Republicans and Democrats, plus their staffs, forced to flee for safety as rioters supporting Trump stormed the Capitol building and halls on Jan. 6 as Congress gathered to certify now-President Joe Biden’s victory in the Nov. 3 presidential election.
Five people died during the insurrection, including a U.S. Capitol Police officer.
One week later, the Democrat-led House voted to start impeachment proceedings of Trump in a mostly party-line vote (232-197) on one article of incitement of insurrection in the wake of the mob breaching the Capitol.
A four-day trial — at which Swalwell served among nine impeachment managers — followed before the Senate after Trump left office. On Feb. 13, the Senate acquitted Trump with 57 guilty votes and 43 not-guilty votes (with a two-thirds majority required for conviction). Seven Republicans joined the Democratic caucus in voting for conviction.
Swalwell’s lawsuit appears to be the second filed by a House Democrat against the former president for actions leading up to and through the Jan. 6, following the civil complaint lodged on Feb. 16 by Rep. Bennie Thompson (D-Miss.), according to the AP.
The 65-page complaint, filed in U.S. District Court for the District of Columbia last Friday on behalf of Swalwell, lays out allegations against Trump and three associates mainly by using their own words, including screengrabs of dozens of social media posts.
“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,” Swalwell’s attorneys wrote in the lawsuit.
“The harm suffered by the Plaintiff (Swalwell) was reasonably foreseeable given the Defendants’ statements on January 6, considering the magnitude of the wrong they had said for weeks was happening and their knowledge of past violent reactions in response to the same message,” the lawsuit later stated.
Swalwell’s complaint alleges nine specific violations against all four defendants: conspiracy to violate civil rights (interference with official duties), neglecting to prevent interference with civil rights, incitement to riot, disorderly conduct, bias-related violations (inciting assault, inciting to riot, disorderly conduct and terrorism), intentional infliction of emotional distress, negligent infliction of emotional distress, aiding and abetting common-law assault, and negligence.
The lawsuit also demands a jury trial in federal court.
Swalwell, a Dublin native and former county prosecutor, seeks unspecified money damages and punitive damages, a finding that the defendants committed all of the law violations, and award of attorney fees and related costs. He also asks for a court order requiring any of the defendants to notify Swalwell in writing at least seven days in advance before they hold any rally or public event in Washington, D.C., “on a day when significant election or election certification activity is taking place.”
A hearing schedule is not yet known.
This charge marked the second time Trump was impeached by the House and then acquitted by the Senate, following the Trump-Ukraine scandal in January 2020. In both cases, Swalwell voted in favor of impeachment.
Suing the former president adds to Swalwell’s national profile, which was initially buoyed by his frequent appearances on television news networks and active social media presence.
The Tri-Valley congressman’s name recognition grew after a short-lived run at the Democratic presidential nomination early in 2019 and again after he released a book last April detailing his perspective on the first Trump impeachment case.
Swalwell then found himself in international headlines last December when an Axios expose story chronicled the actions of Chinese national Fang Fang, who was accused of being a covert spy targeting young American politicians between 2011 and 2015, including Swalwell. Axios reported there had been no evidence of illegal campaign contributions or wrongdoing by Swalwell, but the revelations became a source of verbal ammunition for many of his critics.
LOL. Was this article snatched from the Babylon Bee? LOL. Sadly, I have to ask: did little Eric think this up or was it his handler Bang Bang? I have to ask all the Democrats that have kept him in office- did you really get your money’s worth? I don’t even believe the CCP received much value from him.
Please spare us at the next election and find some other representative from your deep dark hole in the ground that spawns these people? I would say more, but Eric just isn’t worth the time.
Officer Brian Sicknick’s death by a fire extinguisher has come under revision, and investigators are not convinced of that cause. More importantly, since it was brought up, why hasn’t the Capital Police Lieutenant (they have held his name) been charged for the murder of Ashli Babbitt? Sort of a George Floyd moment.
But even more importantly, where is journalism as a part of PW to start reporting on the mental failings of President Biden. Australia and the UK media have started acknowledging the obvious. Are they waiting for the little boy to step into the street and point, yelling ‘the King has no clothes”? We are in serious trouble as a nation due to his cognitive decline and his poor use of Executive Action. Stop with the Trump dialogue, he isn’t President anymore, but appears to be living rent free in the minds of Democrats. Start addressing the current President as a part your responsibility and a member of the media.
@Jake, We don’t cover national politics, unless someone or something local is involved. In this case, our local congressman was.
We are a local news source, and accurately and fairly reporting on local politics and other stories is much more valuable to our readers than coverage of national news.
Our time is best spent reporting on the issues and events that directly affect citizens’ day-to-day lives on a local level such as what happened at city council and school board meetings, how the Tri-Valley communities are working together to respond to the pandemic, local elections and other information that needs to be accurate and timely.
What a contemptible fool.
That was no insurrection. Whatever it was, it certainly was not Trumps fault in any way, shape or form.
I’d look forward to discovery, but this will be tossed out before we get a chance to see how corrupt and inept Swalwell truly is.
And no Kathleen, Schnick was not killed by a fire extinguisher. Please do yourself a favor and turn off the TV news and start reading/watching more news sources from the political right.
You’ll find out your world view isn’t what you thought.
Dan
Kathleen, your source is Wiki- tells me everything. Widen your searches.
Gina, so Biden’s immigration failure isn’t impacting California or his loyalty to the Teachers’s Union doesn’t affect our families and kids? What about $1.9 trillion welfare? There are many things you can talk about regarding Biden that are going to trickle down to little old Pleasanton.
And Kevin/Vic-tah stop labeling everyone you disagree with as ‘haters.’ You might want to look in the mirror.
“But hey….who are we kidding…republicans did the same thing ignoring 1/2 the us as well.”
Demonstrably false.
Real wages for the bottom third rose highest under Trump than did any of his last 4 predecessors.
Does anybody know anything about the effectiveness of his polices???
Geez.
Dan
“Kathleen, your source is Wiki-”
Probably one of the worst sources to cite. Its open source and can be changed by just about anyone.
“but he also steam rolled people ”
Please cite where he “rolled” someone. I’ll wait.
“alienated an entire political party in doing so. Dems are now taking a similar approach as its “their turn”.”
The dems started this fight with every single GD republican president since Reagan. Trump was the first republican to fight back.
After the current deceptions retire in the senate, things are going to change for the better for the party.
No more mister nice guys anymore.
I look forward to it.
Eric Swalwell’s colleagues in the house refer to Swalwell as “BAFOON”. Trey Cowdy, Americas foremost prosecutor stated, Swalwell is “a reckless BAFOON”. Allen Dershowitz remarked on Swalwell law suit as “suing God for writing the bible”.
Please let this be strike three for this guy. He’s failing to represent our district on issues and just trying to shoot the moon on his own career.
Who’s paying the bill for Eric Swalwell’s attorney fees? I hope it’s not the poor tax payers!! If Eric wants to sue, he should be responsible for the fees.
Eric Swalwell is nothing more than an IDIOT!
Who is really pulling the strings on this lawsuit? Since the idiot Swalwell seemingly is a pawn of Crazy Nancy Pelosi and Bang Bang Fang Fang (who likely is in turn a pawn of the Chinese Communist Party (CCP), it makes one wonder if the one pulling the strings is Pelosi, the CCP, or both. One also wonders about the mental competency of the majority of voters in Swalwell’s district that keeps reelecting the idiot.
Notice this article leaves out the name Christine Fang, also known as Fang Fang, the alleged Chinese spy that our Senator had an alleged intimate fling with? (While he was single.)
This “article”, like virtually every other, omits that President Trump asked citizens to march “peacefully & patriotically” to the Capitol.
It further omits that the only death at the Capitol was a young Military Veteran and Trump supporter shot in cold blood by a Capitol security staff.
Notice this article leaves out the name of the alleged Chinese spy that our Senator had an alleged intimate fling with? (While he was single.)
This “article”, like virtually every other, omits that President Trump asked citizens to march “peacefully & patriotically” to the Capitol.
It further omits that the only death at the Capitol was a young Military Veteran and Trump supporter shot in cold blood by a Capitol security staff.
Hold on Mr. Julius, I am not a fan of Swalwell or this absurd lawsuit, no matter who is paying for it. However, I believe a guard died after being hit in the head with a fire extinguisher by the rioters. I also believe there were at least four other deaths.
No guard died by getting hit with a fire extinguisher, that was a media lie spun out for consumption by the uninformed. And this was the very first “insurrection” attempt in the world where no guns were used, and the leader dressed in fox skins was equated to Atilla the Hun. Congress people trembled in fear from a block away. This was truly a protest that was “mostly peaceful”, no burning, smashing windows, tearing down statues, throwing bricks at police. One laptop full of socialist BS looted and discarded. Socio/communists still in full control
Ah, Congressman Swallwell. From the moment he was first elected to this office it became clear that his inexperience required a mama bear (Pelosi) to guide him in his duties which she’s done effectively well. He immediately forgot his oath of office “without any mental reservations or purpose of evasion” and proceeded to drink the Koolaid. He panders to local entities and veterans hospitals for photo ops then broadcasts them to his constitutents to try and create the image of a real Congressman helping his constituents. But it’s easy to see right through him with all his continuous blather over Trump, his own far left politics, his CCP handler, his failed run for the presidency, and his ineffective handling of the 2nd impeachment. The Peter Principal has a heavy hand in his character. He’s way in over his head.
It’s difficult to watch this clown show being carried on for another term (just relected).
Haven’t talked to one local neighbor or otherwise in the community that finds this Congressman effective. They describe him as immature and self-serving. But obviously there are plenty of the mis-informed or otherwise who love him. Their choice.
Not one weapon found with any arrests at the so called insurrection in DC. The knuckleheads who caused all the ruckus should be prosecuted to the full extent of the law. Yet they carried no weapons. Just costumes. Some insurrection.
However, many involved with the Antifa riots this past summer were armed while attacking Federal and State buildings, private property and uniformed officials. A true insurrection under cover of Black Lives Matter. By June 2020, over 600 uniformed officers were injured, with 2 dead as a result of these insurrections. Crickets from Swallwell except for his support in protecting Journalists from assualt during these same summer riots. He could care less about stopping crime or supporting law enforcement. Remember that. Now a meaningless civil lawsuit. Really people!
Ok, I didn’t see that they revised the cause of death. Here is the quote from Wiki:
During the riot, Ashli Elizabeth Babbitt, a 35-year-old from San Diego, was fatally shot by Capitol Police as she attempted to climb through a shattered window in a barricaded door leading into the Speaker’s Lobby, through which House members were escaping. The incident was recorded on several cameras. Babbitt was unarmed when she was shot and killed … and the officer who shot her was placed on administrative leave pending the investigation. Babbitt was a follower of QAnon, and had tweeted the previous day “the storm is here”, a reference to a QAnon conspiracy theory.
Three others also died: Rosanne Boyland, 34, of Kennesaw, Georgia; Kevin Greeson, 55, from Athens, Alabama; and Benjamin Philips, 50, of Bloomsburg, Pennsylvania. Boyland was trampled to death by people rushing to breach a tunnel entrance on the west side of the Capitol … Greeson had a heart attack outdoors on the Capitol grounds, and was declared dead at 2:05 p.m., shortly before the breach of the Capitol. … Philips died of a stroke at the hospital after splitting from his group at 10:30 in the morning. There was no indication that Philips participated in the raid.
Capitol Police officer Brian Sicknick, 42, a 13-year veteran of the force, sustained injuries during the riot, and suffered a thromboembolic stroke the next day. He was placed on life support, but soon died. … His death is being investigated by the Metropolitan Police Department’s Homicide Branch, the USCP, and federal authorities. Investigators are probing whether a chemical irritant, such as pepper spray or bear spray, played a role in Sicknick’s death. The FBI reportedly identified a suspect in relation to Sicknick’s death on February 26.
It’s amazing that there are so many misinformed haters here being given space to trash local voters for their choice of Congressman, criticize Rep. Swallwell for something put to bed in (I believe) 2015 and outright lie about the nature of the seditious attack on democracy. Do you guys get together to rant? And BTW your hero DID incite the violence on 1/6. To ignore his words is particularly loathsome. And any money you send him goes right into his pocket or his failing businesses
Just stop it. It hurts our community.
Vic-tah,
You can criticize Swalwell for his continued failings without giving up your democratic support. They are bout mutually inclusive.
Swalwell has failed to represent our tri valley community in dc, he’s failed at proving Russian collusion, he’s failed at impeachment once, he will inevitably fail at this lawsuit as well – no one from his party is talking about it or throwing their weight behind it. He’s only doing this because it’s his only chance, and he’s not equipped to win.
This guy isn’t doing the job he was elected to do, and he’s failing at the Kobe he’s trying to do.
We deserve better.
Swalwell has the right to sue Trump and our great country has a justice system that will process the law suit and come to a decision.
All you haters who hate Democrats no matter what they do – keep in mind that Swalwell won his seat in the Congress with over 70% of OUR votes just 4 months ago. The majority of the 30% that didn’t vote for him are decent people who disagree with his policies. You haters are in very low minority. And your numbers will keep going down in the future as this great country of ours will more and more reject hatred and your TrumpistS.
Kevin,
You’re right, he does have the right.
And actions have consequences, sometimes good sometimes bad. I think if this was for the overall good he’d have more of his party members active support …..but his actions are for his own agenda. He’s failed time and time again, even as a supporter of his you have to acknowledge he’s lost his battles, these are facts. He did win his re-election easily, and had no credible competition, but to your point he won.
I laugh at the democrats holding onto the trump era, most rational conservatives moved on – Biden is our president (for better or worse), you can continue to group people and vilify them all you want….just shows where the hate really lies. I feel sad for people (both sides) who need a president of their party to make them feel good about themselves…..especially when politicians in general let us down. But it makes for good entertainment to see the same people screaming for diversity and inclusion only shun any conservative view point.
But hey….who are we kidding…republicans did the same thing ignoring 1/2 the us as well.
I used wiki as a neutral source. I could have used any number of news sources, but decided wiki was best.
DKHSK,
Trump did do good things, but he also steam rolled people and a alienated an entire political party in doing so. Dems are now taking a similar approach as its “their turn”.
Both sides seem to forget they narrowly won, meaning ~45% of a represented population is still important in not only what we achieve, but how we achieve it.
I for one hate party politics and am tired of it – there’s nothing breaking that trend, this just further solidifies it.
Of course the losing side needs to rant and we’re seeing that here.
Note to the Republicans — If you want to have any hope of winning in this district, don’t nominate a nutty Qanon conspiracy type to represent us in Congress.