House impeachment head Eric Swalwell filed a lawsuit against former President Donald Trump on Jan. 6 for his alleged role in the Capitol riot.
Swalwell (D-CA) is the second Democratic lawmaker to sue Trump for inciting insurrection.
The suit also names Donald Trump Jr., Rudy Giuliani and Rep. Mo Brooks (R-AL) as co-conspirators.
"The defendants … convinced the mob that something had happened that – if it was indeed true – could in fact justify violence, and then sent that mob to the Capitol with violent calls for immediate action," the newspaper reads Legal action.
It also makes the incredibly flimsy claim that Trump "directly instigated the violence in the Capitol".
Even CNN seems skeptical of Swalwell's chances of success, saying the lawsuit "could run against the protection of freedom of expression for speakers at the rally" as well as the protection of the immunity of any person serving as president at the time.
Today I filed a civil lawsuit against Donald Trump, Donald Trump Jr., Rudolph Giuliani and Rep. Mo Brooks for instigating an attack on the Capitol that terrorized lawmakers and prevented us from confirming the votes of the American people .
My statement: pic.twitter.com/3BkbvX8WHe
– Eric Swalwell (@ericswalwell) March 5, 2021
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RELATED: Congressman Files Lawsuit Against Trump for His Alleged Riot role in Capitol
Swalwell's lawsuit cites the Ku Klux Klan Act of 1871
Representative Swalwell's lawsuit relates to the Ku Klux Klan Act of 1871, which was passed to apparently address the KKK.
It prohibits violence or intimidation to prevent members of Congress or other federal officials from performing their constitutional duties.
Both the new lawsuit and a lawsuit from Representative Bennie Thompson, the Democratic chairman of the House Homeland Security Committee last month, cite the law.
"(Trump's) happy support of violent white supremacists resulted in a rupture of the Capitol that put my life and that of my colleagues in grave danger," Thompson said at the time of its submission.
"With the slightest luck, the result was no more fatal."
New: MP Bennie Thompson filed a lawsuit in federal court today against Trump, Giuliani, the Proud Boys and the Oath Keepers for conspiring to obtain the election certificate of Congress in violation of the Ku Klux Klan Act https: // bother t.co/suhMsNVyii pic.twitter.com/BIuEAMB0PH
– Zoe Tillman (@ZoeTillman) February 16, 2021
RELATED: Top Congressional Director Urges Eric Swalwell to Resign from Congress after the report links him to the Chinese spy
Trump spokesman responds
Jason Miller, a Trump adviser, has beaten up Swalwell for being "low-life" with no "credibility".
"Now that Swalwell has failed miserably with two impeachment frauds," Miller is attacking the president with another witch hunt, "Miller said.
Miller stabbed the California Democrat for his reported association with a Chinese spy.
"It's a shame that a compromised member of Congress like Swalwell is still on the House Intelligence Committee," he said.
A bombshell Axios report in December showed that a woman named Christine Fang "participated in fundraisers for Swalwell's 2014 re-election campaign" and that she interacted with the congressman at several events for "several years".
Fang had worked as a Chinese intelligence officer at the Chinese Ministry of State Security.
Tucker Carlson says that "US intelligence officials believe that an alleged Chinese spy had a sexual relationship with Democratic MP Eric Swalwell (CA) and that Swalwell's office was unable to comment because they said information may be classified as" classified could. Pic.twitter.com/ biV78uVZHB
– Ryan Saavedra (@RealSaavedra) December 9, 2020
The Swalwell lawsuit further alleges that Trump "made it clear that he ran the risk of inciting future political violence."
Brooks, also named in the lawsuit, has classified the effort as "frivolous".
"Under no circumstances will Swalwell or any other socialist stop me from fighting for America," he insisted.