Trump says he has "absolute immunity" in lawsuit over January 6 Capitol riot

Palm Beach, Florida – Ex-president Donald Trump has claimed "absolute immunity" in a lawsuit filed against him by Democratic Rep. Eric Swalwell of California.

California Rep. Eric Swalwell (l.) filed a lawsuit in March against ex-president Donald Trump for his alleged role in the January 6 riot.
California Rep. Eric Swalwell (l.) filed a lawsuit in March against ex-president Donald Trump for his alleged role in the January 6 riot.  © Collage: IMAGO / ZUMA Wire

Swalwell was suing Donald Trump along with Donald Trump Jr., Rudy Giuliani, and Alabama Rep. Mo Brooks over their alleged role in inciting the January 6 attack on the US Capitol by repeatedly calling the 2020 election results illegitimate and trying to stop Congress from certifying Biden's win.

The men all spoke at a pro-Trump rally that took place just before the riot, The Hill reported.

"The horrific events of January 6 were a direct and foreseeable consequence of the Defendants' unlawful actions," Swalwell’s March lawsuit accused. "As such, the Defendants are responsible for the injury and destruction that followed."

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Trump's 49-page court filing, submitted on Monday, reads, "While holding that office, former President Trump was free to advocate for the appointment and certification of electors, just as he was entitled to advocate for the passage or defeat of a constitutional amendment, or the reconsideration of a congressional act over his veto even though the President does not directly participate in those congressional acts."

Trump's legal team argues that Swalwell does not have the right to sue and that the lawsuit "directly attacks" the former president's First Amendment protections.

"In bringing this suit, the Congressman asks this Court to wade into turbulent political waters to decide what controversial speech should be favored. The Court should firmly reject that invitation," the document reads.

"The president’s absolute immunity forecloses the jurisdiction of this court," the filing concludes.

Cover photo: Collage: IMAGO / ZUMA Wire

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