Congressman Eric Swalwell (D-CA) is suing Donald Trump, Donald Trump Jr., Rudy Giuliani, and Rep. Mo Brooks (R-AL) in connection with inciting the siege on Capitol Hill. Part of the lawsuit states:
“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.”
According to CNN, “Friday’s suit could bump up against free speech protections for speakers at the rally, as well as immunity Trump could try to claim he had while serving as president. All of the elected officials in the lawsuit, including Trump, are named in their personal capacities in court, meaning they would use private lawyers and not be shielded by their public offices.”
AXIOS reports: Rep. Bennie Thompson (D-Miss.) was the first lawmaker to sue Trump for inciting the Jan. 6 riot, accusing the former president in a suit brought by the NAACP of violating the 1871 Ku Klux Klan Act by trying to prevent Congress from carrying out its official duties.
If either lawsuit is allowed to proceed those named would have to produce documents relating to the event. They would also be subject to depositions under oath. None of that was required during the recent Senate impeachment trial.