A top House Democrat is suing former President Donald Trump for, among other claims, “intentional infliction of emotional distress.”
California Democrat Eric Swalwell, previously best known for a failed presidential campaign, apparent flatulence on live television and a relationship with a Chinese spy, filed the 65-page lawsuit in a Washington, D.C. federal court.
Swalwell is suing Trump, former New York City Mayor Rudy Giuliani and his own House colleague, Alabama Republican Mo Brooks.
“Today, I filed a civil claim against Donald Trump, Donald Trump Jr., Rudolph Giuliani, and Rep. Mo Brooks for inciting an attack against the Capitol that terrorized lawmakers and prevented us from certifying the votes of the American people,” Swalwell announced on Twitter.
“I wear Communist-sympathizer Swalwell’s scurrilous and malicious lawsuit like a badge of courage,” Brooks shot back. “Under no circumstances will Swalwell, or any other Socialist, stop me from fighting for America.”
The suit claims that by alleging he 2020 election was “stolen” and urging their followers to “fight like hell” and “stop the count,” Trump, Giulinai and Brooks intentionally incited the January 6 riots at the U.S. Capitol, which led to Swalwell suffering “emotional distress.”
“As a direct and foreseeable consequence of the Defendants’ false and incendiary allegations of fraud and theft, and in direct response to the Defendants’ express calls for violence at the rally, a violent mob attacked the U.S. Capitol. Many participants in the attack have since revealed that they were acting on what they believed to be former President Trump’s orders in service of their country,” the suit claims.
It claims Trump, Giulani and brooks engaged in conspiracy to violate civil rights, neglect to prevent interference with civil rights, incitement to riot, disorderly conduct, “bias-related crimes,” intentional infliction of emotional distress, negligent infliction of emotional distress, aiding and abetting common-law assault.
The suit demands Trump, Giulani and Brooks pay Swalwell for actual and punitive damages. It is unclear whether Swalwell is suing Trump personally or in his official capacity. He lists his official title and House office address in the suit and claims interference with his official duties, but does not appear to be using House lawyers.