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 rioting 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 deadly 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 riot, including a U.S. Capitol Police officer.
One week later, the Democrat-led House impeached 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 prosecutors — followed in front of 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 his 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 demands a jury trial in federal court.
Swalwell, a Dublin native and former city councilman and 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.
The insurrection charge marked the second time President 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.
