Democrat Rep. Eric Swalwell (D-CA) suffered a miserable defeat in federal court after a judge sided with Donald Trump Jr. and tossed the congressman’s lawsuit.
The judge threw out Swalwell’s lawsuit against Trump Jr. and former New York City Mayor Rudy Giuliani.
Swalwell was suing Trump Jr. and Giuliani in a case that also targets President Donald Trump and GOP Congressman Mo Brooks last year.
However, parts of Swalwell’s lawsuit against President Trump were still allowed to go on (see the full list below).
Brooks was denied immunity, but he was invited to file a motion to dismiss that Judge Amit P. Mehta said the court “will grant.”
The court’s order said: “For the foregoing reasons, the court holds as follows with respect to each of the three actions: Thompson v. Trump. Giuliani’s motion to dismiss is granted and the motions to dismiss of President Trump, the Oath Keepers, and Tarrio are denied.
“Swalwell v. Trump. The motions to dismiss of Trump Jr. and Giuliani are granted as to all claims.
“The motion to dismiss as to President Trump is denied as to:
(1) the § 1985(1) claim (Count 1)
(2) the negligence per se claims (Counts 3 and 4)
(3) violation of the District of Columbia’s anti-bias law (Count 5), and
(4) aiding and abetting assault (Count 8)
and granted as to:
(5) the § 1986 claim (Count 2)
(6) intentional infliction of emotional distress (Count 6)
(7) negligent infliction of emotional (Count 7) distress, and
(8) negligence (Count 9).
The court defers ruling on Brooks’s Westfall Act certification petition and instead invites him to file a motion to dismiss, which the court will grant.
Blassingame v. Trump.
President Trump’s motion to dismiss is denied as to:
(1) the § 1985(1) claim (Count 7)
(2) directing/aiding and abetting assault (Counts 1 and 2)
(3) violations of public safety statutes (i.e, negligence per se) (Counts 4 and 5)
and granted as to:
(4) intentional infliction of emotional distress (Count 3)
(5) punitive damages (Count 6)
(6) civil conspiracy in violation of common law (Count 8).
CNN reported March 5, 2021:
“Eric Swalwell has sued former President Donald Trump, his son Donald Trump Jr., Rudy Giuliani, and Republican Rep. Mo Brooks in a second major lawsuit seeking to hold Trump and his allies accountable for inciting the [riot] at the US Capitol on January 6.
“The new lawsuit filed on Friday by Swalwell, a California Democrat who helped to lead impeachment arguments against Trump for inciting insurrection, follows a similar suit filed last month by Rep. Bennie Thompson against Trump, Giuliani and the extremist groups the Oath Keepers and Proud Boys.
“Swalwell’s case makes some of the same claims as Thompson’s — citing a civil rights law meant to counter the Ku Klux Klan’s intimidation of elected officials.
“But it also alleges Trump, Trump Jr., Giuliani and Brooks broke Washington, DC, laws, including an anti-terrorism act, by inciting the riot, and that they aided and abetted violent rioters and inflicted emotional distress on the members of Congress.”
A federal judge DENIES much of Donald Trump’s motion to dismiss civil suits seeking to hold him liable for Jan. 6.
Rudy Giuliani and Don Jr. secured dismissal.
Brooks denied immunity—but invited to file motion to dismissal that judge “will grant.” pic.twitter.com/M8Olu8V4A8
— Adam Klasfeld (@KlasfeldReports) February 18, 2022