Donald Trump and his personal attorney Rudy Giuliani have requested a federal judge in D.C. dismiss a lawsuit brought on by House Democrats against the Former President stemming from the Capitol protests on Jan 6.
Democrats have accused the two men of inciting a riot following the pro-Trump rally at which Trump and Giuliani both spoke at.
Trump and his legal team argue that the speech given on Jan 6 was fully within his rights for presidential speech, for which he cannot be held legally liable. Giuliani resisted accusations that the Former President planned or coordinated the Jan 6 storming of the Capitol building.
2/ Rep. Swalwell filed a lawsuit against Trump, Jr., Mo Brooks and Giuliani accusing them of inciting the violence of Jan. 6th.
Last week, Giuliani filed a motion to dismiss the suit against him. https://t.co/L5nCk6cK0V
As expected, he presented a First Amendment defense.
— Teri Kanefield (@Teri_Kanefield) May 23, 2021
They were responding to a suit filed in February by Rep. Bennie Thompson, later jointed by 10 other House Democrats, including Chinese-spy lover Rep. Eric Swalwell, who argue that Trump and Giuliani conspired with Right-Wing Groups (Oath Keeps and Proud Boys) to incite an invasion during the certification of the 2020 Electoral votes.
INBOX: Mississippi congressman sues Trump & Giuliani for incitement over Capitol riot. pic.twitter.com/JepLJpu5Sx
— Alan Feuer (@alanfeuer) February 16, 2021
Under well-established legal precedent, sitting presidents are immune from civil litigation, which totally throws Swalwell’s argument out the window. Trump asserts that his speech is protected under these laws.
For his part, Giuliani claimed his speech was fully protected under the First Amendment, calling claims of conspiracy a “Democrat fantasy.”
Earlier Wednesday, the Oath Keepers filed a formal response to Thompson’s suit, arguing that it had failed to show that the group as a whole was responsible for the violence at the Capitol.
Comprised mostly of veterans and former police officers, the Oath Keepers have become the primary target of Biden’s Justice Department for their role in the Capitol protests. Despite a total lack of evidence, the largest criminal cases have been brought down against members of the Oath Keepers for apparently holding training sessions and maintaining communication before and during the Jan 6 events.
The Proud Boys organization have yet to make an official statement.
Author: Elizabeth Tierney