In the wake of the tragic events of Jan. 6 in the nation’s capital, Rep. Eric Swalwell (D-CA), in what appeared to be a desperate attempt for attention, filed suit against former President Donald Trump in which he sought monetary damages for the “emotional distress” Swalwell experienced after the riots.
According to the Washington Examiner, attorney Jesse Binnall, who represents Trump and his son, Donald Trump Jr., moved this week to have Swalwell’s lawsuit tossed out, arguing that the California Democrat’s lawsuit runs “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,” Trump’s motion read, which was filed in U.S. District Court in Washington, D.C.
According to The Hill, Swalwell filed the complaint in March, writing that “The horrific events of January 6 were a direct and foreseeable consequence of the Defendants’ unlawful actions,”, adding “As such, the Defendants are responsible for the injury and destruction that followed.”
“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,” Swalwell’s filing read.
On Monday, Trump claimed argued in his 49-page court filing to dismiss the lawsuit that he has “absolute immunity” from everything Swalwell claimed he was responsible for.
In addition to Trump Jr., Swalwell also filed suit against Rep. Mo Brooks (R-AL) and Trump’s personal attorney, Rudy Giuliani, both of whom spoke at the pro-Trump rally that occurred shortly before the violent riots began at the Capitol.
Rep. Bennie Thompson (D-MS) was the first Democrat to file a lawsuit for similar reasons against Trump but attempted to argue in his case that extreme right-wing groups like the Proud Boys and Oath Keepers colluded with Trump and his associates to commit violence on that day, though there currently exists zero proof of such claims.
Swalwell would probably be better served to let this one go and focus on staying out of legal hot water for being caught sleeping with a Chinese spy, which would seem like a better use of his time and money.