WASHINGTON – Representative Eric Swalwell, one of the prosecutors in Donald Trump’s second impeachment trial, filed a civil lawsuit Friday against the former president, his son, his attorney and a Republican lawmaker, alleging their actions led to the violent fatal revolt of the January 6th.

The California Democratic legislator filed his lawsuit in federal court in Washington DC. It alleges that there was an illicit association to violate civil rights, negligence, incite disturbances and emotional distress.

It is similar to a lawsuit filed last month by Rep. Bernie Thompson in an attempt to hold the former president accountable for his actions on Jan. 6, of which he was acquitted by the Senate.

Swalwell alleges that Trump, his son Donald Jr., former New York Mayor Rudy Giuliani and Republican Representative Mo Brooks of Alabama made “false and incendiary allegations of fraud and theft and, in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the United States Capitol”.

Swalwell said he was among the members of Congress who were trapped in the government headquarters when protesters surrounded the compound. They feared for their lives and “we wrote to our loved ones in case the worst happened,” the congressman said.

The lawsuit explains in detail how the Trumps, Giuliani and Brooks spread false allegations of voter fraud, before and after the 2020 presidential election results were declared, and accuses them of rooting for thousands of protesters before they stormed the Capitol. The violence left five dead, including a police officer.

Trump spokesman Jason Miller called Swalwell a “despicable” man and “lacking in credibility.”

Federal authorities are investigating whether former Trump allies such as Roger Stone and Alex Jones played any role in the violent assault on the Capitol, according to NBC News.

“Now, after the miserable failure of two fraudulent political trials,” Swalwell attacks the “greatest of our presidents with one more witch hunt,” Miller said. “It is shameful that a committed legislator like Swalwell holds a seat on the House Intelligence Committee.”

Using the words of Trump himself, the lawsuit accuses the former president of inciting riots, that his lies about the election results made his followers believe that he had been robbed of his victory, of inciting the violent mob through his speech and of do nothing to see the images of his followers smashing the windows of the Capitol while the legislators fled.

“Those in the know said that, during this moment of national horror, Trump was ‘delighted’ and was ‘taken aback that other people on his team weren’t as excited as he was.’ Others described Trump as ‘almost excited’ by the violence unleashed,” according to the lawsuit.

Historically, presidents have broad immunity from prosecution for actions they take in their capacity as commander-in-chief, but this lawsuit, like Thompson’s, was brought against Trump on a personal, unofficial basis.

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