Swalwell sues Trump, Donald Jr and Giuliani over their role in Capitol insurrection

Former president’s spokesperson calls Eric Swalwell ‘a low-life with no credibility’

A Democratic congressman has sued Donald Trump for inciting the insurrection on the US Capitol on 6 January.

In the second such case against the former president for inciting the insurrection, former House impeachment manager Eric Swalwell filed a case against the former president on Friday, CNN first reported.

The Democrat’s lawsuit, which was filed in a federal court in Washington DC, claims that Mr Trump, as well as lawyer Rudy Giuliani and eldest son Donald Trump Jr – among others – “directly incited” crowds to besiege the Capitol building.

Republican congressman Mo Brooks is also named in the lawsuit, which points to Mr Trump's speech to a crowd of supporters, who were told to "show strength" as they walked down to the Capitol – where 2020 election ballots were being certified on 6 January.

"The Defendants, in short, convinced the mob that something was occurring that – if actually true – might indeed justify violence,” said Mr Swalwell, “[who] then sent that mob to the Capitol with violence-laced calls for immediate action.”

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“As such, the defendants are responsible for the injury and destruction that followed,” the congressman adds. At least five people were killed in the events of that day.

Responding to the case brought by Mr Swalwell on Friday, a spokesperson for the former president dismissed the claims.

Trump spokesperson Jason Miller branded Mr Swalwell “a low-life with no credibility,” according to Reuters.

Mr Swalwell was one of the impeachment managers who last month attempted to persuade the Senate to convict the former president, or block him from holding future office. Both failed.

The case follows that brought by Bennie Thompson, who was the first Democratic lawmaker to sue Mr Trump and his close aides over the insurrection.

Should both cases proceed in federal court, the defendants will likely face depositions – potentially revealing previously facts about the riot, which left five people dead.