An attorney for former President Donald Trump moved to dismiss a lawsuit Monday brought by California Rep. Eric Swalwell that seeks monetary damages for emotional distress caused by the Jan. 6 Capitol riot.
Swalwell’s decision to sue runs “afoul of well-established, important, constitutional doctrines,” specifically the First Amendment, lawyer Jesse Binnall, who is representing the former president and his son Donald Trump Jr., argued in a court filing.
Trump has “absolute immunity” in the proceedings given his time in the Oval Office, Binnall said.
“Plaintiff’s theories run directly afoul of well-established, important, constitutional doctrines. Despite his pledge to support and defend the Constitution of the United States, Mr. Swalwell comes to this Court directly attacking First Amendment doctrines which lie at the heart of the uniquely American traditions of free speech, free assembly, and freedom to petition the government without fear of reprisal,” he continued.
ERIC SWALWELL SUES TRUMP, GIULIANI, AND TRUMP JR. OVER CAPITOL BREACH
“The claims against former President Trump directly contravene the absolute immunity conveyed on the President by the Constitution as a key principle of separation of powers. … The case should be dismissed,” Binnall added.
On March 5, the Golden State representative sued the former president and his son in addition to Rudy Giuliani and Alabama Rep. Mo Brooks, all of whom were involved in election fraud claims after the 2020 presidential election and moments prior to the Capitol siege.
The group was guilty of “conspiracy to violate civil rights,” “incitement to riot,” and terrorism, according to the lawsuit, which was filed in Washington, D.C.,’s federal court.
“The peaceful transfer of power is a sacrament of American democracy. Donald Trump, his son Donald Trump Jr., his advisor Rudy Giuliani, and Congressman Mo Brooks, together with many others, defiled that sacrament through a campaign of lies and incendiary rhetoric, which led to the sacking of the United States Capitol on January 6, 2021,” the lawsuit read.
Swalwell’s lawsuit accused the four defendants of inflicting emotional distress on him when he was present in the Capitol during the siege.
“[Swalwell] watched as Capitol Police officers drew their weapons, barricaded entrances, and ordered the Plaintiff and other members of Congress to seek shelter, put on gas masks, and take cover in case there was gunfire. The Plaintiff prepared himself for possible hand-to-hand combat as he took off his jacket and tie and searched for makeshift instruments of self-defense,” the lawsuit read.
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“As the Plaintiff watched this horror unfold, he texted with his wife in what he felt could be his last moments, telling her ‘I love you very much. And our babies.’ As a result of this, the Plaintiff suffered severe emotional distress,” it continued.
Swalwell’s suit is the second to be brought against the former president, following the Senate acquitting Trump on an impeachment charge of inciting insurrection in connection to the siege of Congress, which disrupted lawmakers as they affirmed President Joe Biden’s electoral victory.
On Feb. 16, Democratic Mississippi Rep. Bennie Thompson filed a civil suit against Trump, alleging the right-wing groups the Proud Boys and the Oath Keepers acted in cahoots with Trump and Giuliani to commence violence in early January.
