Eric Swalwell sues Trump, Giuliani, and Trump Jr. over Capitol breach

A former House impeachment manager on Friday sued former President Donald Trump in a lawsuit that seeks to tie election fraud claims to the Jan. 6 Capitol breach.

The lawsuit, filed by Rep. Eric Swalwell of California, also targets Trump's former personal attorney, Rudy Guiliani, Donald Trump Jr., and Rep. Mo Brooks of Alabama. The California Democrat alleges that all four of the defendants peddled unsubstantiated election fraud claims and engaged in "conspiracy to violate civil rights," "incitement to riot," and terrorism in 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 says. 

"Donald Trump lost the 2020 presidential election; he was unwilling to accept defeat. Trump lied to his followers, telling them that the certification of Joe Biden’s election was a “coup” and that their country was being stolen from them," the lawsuit adds. "The Defendants filed frivolous lawsuits, all of which failed. The Defendants tried to intimidate state officials, none of whom caved to the pressure. Out of options and out of time, the Defendants called their supporters to Washington, D.C. on the day Congress met to certify Joe Biden’s win, telling them to 'Stop the Steal' and 'be wild.'"

According to the lawsuit, Swalwell seeks monetary damages "in an amount to be determined at trial" and to mandate "written notice" from the defendants if they organize a future "significant election or election certification activity" with more than 50 people.

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 Biden's electoral victory. On Feb. 16, Rep. Bennie Thompson, a Mississippi Democrat, filed a civil suit against Trump, alleging the right-wing groups the Proud Boys and the Oath Keepers acted in cahoots with both Trump and Giuliani to commence violence in early January. 
Trump and his allies referred to the impeachment trial as "witch hunt" and maintained he did not have an active role in instigating the violence. 

"President Trump has been acquitted in the Democrats' latest Impeachment Witch Hunt, and the facts are irrefutable," Jason Miller, a spokesman for the former president, said in a statement at the time of Thompson's suit. "President Trump did not plan, produce or organize the Jan. 6th rally on the Ellipse. President Trump did not incite or conspire to incite any violence at the Capitol on Jan. 6th."

More than 300 people have been charged in connection to the Jan. 6 unrest after thousands of rioters stormed the Capitol.

U.S. Capitol Police Officer Brian Sicknick died on Jan. 7 after responding to the Capitol riot, and a homicide investigation is underway. He received the rare tribute of lying in honor in the U.S. Capitol Rotunda before his cremated remains were sent to Arlington National Cemetery to be laid to rest. Ashli Babbitt, an Air Force veteran and Trump supporter, was shot and killed by a Capitol Police officer while she attempted to climb through a window into the Speaker's Lobby. Three others died from “medical emergencies," according to officials. Two additional Capitol Police officers who responded to the riot later died by suicide, local police said.