Rep. Swalwell Sues Trump Over Capitol Breach, Alleging ‘Emotional Distress’


Rep. Eric Swalwell (D-Calif.), the Democrat lawmaker embroiled in a Chinese spy saga who served as a House manager in former President Donald Trump’s impeachment, filed a lawsuit Friday against Trump and others in connection with the Jan. 6 Capitol incident.

Swalwell, who has been dogged by the story that he was targeted by an alleged Chinese spy and now faces Republican challenges to his suitability to continue serving on a House homeland security committee, filed the lawsuit against the former president, his son, a lawyer, and a Republican congressman whose actions Swalwell claims spurred a “violent mob” to attack the Capitol.

The suit (pdf), filed in federal court in Washington, makes allegations under eight counts, including: conspiracy to violate civil rights, negligence, incitement to riot, disorderly conduct and terrorism, and intentional infliction of emotional distress.

Swalwell claims that Trump, his son Donald Jr., former New York City Mayor Rudy Giuliani, and Rep. Mo Brooks (R-Ala.), made “false and incendiary allegations of fraud and theft, and in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the U. S. Capitol.”

In a statement, Swalwell said all four defendants “assembled, inflamed and incited the mob, and as such are wholly responsible for the injury and destruction that followed.”

The lawsuit basically makes the case that both Trumps, Giuliani, and Brooks spread claims of election fraud and by so doing they helped to rile up thousands of people who breached the Capitol.

Trump’s spokesman Jason Miller responded to the suit, labeling it a “witch hunt” and calling Swalwell a “low-life” with “no credibility.”

“Now, after failing miserably with two impeachment hoaxes,” Swalwell is attacking “our greatest President with yet another witch hunt,” Miller said. “It’s a disgrace that a compromised Member of Congress like Swalwell still sits on the House Intelligence Committee.”

Harmeet K. Dhillon, an attorney who is a partner at a law firm with former Trump lawyer Ron Coleman, commented on Swalwell’s… (Read more)

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