Politics

Eric Swalwell Suing Trump For Emotional And Monetary Damage

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An attorney for former President Donald Trump moved to dismiss a lawsuit Monday brought by California Rep. Eric Swalwell that seeks monetary damages for emotional distress caused by the Jan. 6 Capitol riot.

Swalwell’s decision to sue runs “afoul of well-established, important, constitutional doctrines,” specifically the First Amendment, lawyer Jesse Binnall, who is representing the former president and his son Donald Trump Jr., argued in a court filing.

Trump has “absolute immunity” in the proceedings given his time in the Oval Office, Binnall said.

“Plaintiff’s theories run directly afoul of well-established, important, constitutional doctrines. Despite his pledge to support and defend the Constitution of the United States, Mr. Swalwell comes to this Court directly attacking First Amendment doctrines which lie at the heart of the uniquely American traditions of free speech, free assembly, and freedom to petition the government without fear of reprisal,” he continued.

“The claims against former President Trump directly contravene the absolute immunity conveyed on the President by the Constitution as a key principle of separation of powers. … The case should be dismissed,” Binnall added.

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