US President Donald Trump gestures as he speaks during a rally to contest the certification of the results of the 2020 US presidential election by the US Congress in Washington, USA, on January 6, 2021.
Jim Bourg | Reuters
Former President Donald Trump and his former personal attorney Rudy Giuliani on Thursday asked a federal judge to dismiss a lawsuit accusing them of conspiring to instigate the deadly invasion of the U.S. Capitol.
The lawsuit, filed by Rep. Bennie Thompson, D-Miss., And 10 other House Democrats, accuses the defendants of violating federal law on the Ku Klux Klan on Jan. 6 by hitting a ton of Trump's Encourage supporters to prevent Congress from confirming President Joe Biden's election victory.
Separate motions to dismiss the lawsuit on Thursday argued that the first amendment protected Trump and Giuliani's statements at a rally before the uprising near the Capitol.
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At the event, Trump put the Republican legislature and then Vice President Mike Pence, who chaired the joint session, under pressure to reject the election results of the most important states. He urged his followers to march to the Capitol and told the crowd, "If you don't fight like hell, you will have no more land."
But Trump's attorney, Jesse Binnall, noted on top of his resignation that Trump had also told the audience to "peacefully and patriotically make [their voices] heard."
The Democrats' claims "directly violate the absolute immunity" that the Constitution imparts to the then president and "do not plausibly advocate a viable conspiracy theory" against Trump, Binnall said.
Giuliani had called for "trial through struggle" during the rally. The former New York mayor's attorney, however, in his motion to dismiss Thompson's lawsuit, argued that "no reasonable reader or listener would have found Giuliani's speech directed to march to the Capitol, forcibly break the perimeter and enter the Capitol, and then forcibly close terrorize." Congress does not want to participate in the voting certificate. "
The Democrats' allegation of conspiracy "contradicts all plausibility and credibility," wrote Giuliani's lawyer.
Attorneys representing the Democrats told CNBC that the plaintiffs would pursue the lawsuit.
US President Donald Trump's personal lawyer, Rudy Giuliani, gestures as Trump supporters gather in the White House before his speech to confirm the results of the 2020 US presidential election in Washington, USA, on January 6, 2021 Challenge US Congress.
Jim Bourg | Reuters
"We will respond to these unsubstantiated motions in due course," said Joe Sellers, chairman of a civil rights group at law firm Cohen Milstein Sellers & Toll, and NAACP Interim Advocate General Janette McCarthy Wallace in a joint statement.
But "it is evident that these defendants, who fueled and participated in a riot to prevent Congress from certifying a free and fair election, are trying to avoid any legal responsibility for their extraordinary attack on our democracy."
"We will take our case forward and hold them accountable for their attempts to undermine our constitution," said Sellers and Wallace.
The lawsuit also cites the extremist groups of the Oath Keepers, Proud Boys and Warboys as defendants.
The Oath Guards filed their own motion Thursday morning to dismiss the case, arguing that Democratic lawmakers lacked "reputation" or the ability to sue because of the alleged harm they suffered from the defendants.
The January 6 mob broke through lines of police outside the Capitol and led hundreds of rioters to flood the building. They physically attacked law enforcement, broke windows, broke into convention offices, demolished the grounds and stole property.
A man shouts as supporters of US President Donald Trump gather outside the US Capitol in Washington on January 6, 2021.
Leah Millis | Reuters
The invasion forced a joint session of Congress to vacate their chambers and hide for their safety, temporarily frustrating legislative efforts to uphold Trump's loss of Biden.
Thompson's lawsuit, filed in the US District Court in Washington in February, accused Trump and Giuliani of "launching a concerted campaign to misinform their followers and the public, promoting and promoting intimidation and violence to their mutual benefit." Plan to promote re-election of Defendant Trump, even after states vigorously confirmed election results that he lost the election. "
This campaign, which included an attempt to prevent Congress from counting the votes of the electoral college on January 6, was carried out "to prevent Plaintiff Thompson and other members of Congress from certifying that former Vice President Biden won the presidential election has. "Thompson's lawsuit said.
In April, 10 more members of the House signed the lawsuit. They are: Representatives Karen Bass, Barbara Lee, and Maxine Waters, all from California; Steve Cohen from Tennessee; Bonnie Watson Coleman from New Jersey; Veronica Escobar from Texas; Hank Johnson Jr. of Georgia; Marcy Kaptur from Ohio; Jerry Nadler from New York; and Pramila Jayapal from Washington.