Trump Checkmates Eric Swalwell, Claims ‘Absolute Immunity’ From Lawsuit

Former President Trump told Dem Rep Eric Swalwell to go pound sand and claimed on Monday that he has “absolute immunity” from a lawsuit filed against him over the Jan. 6 riot. “The president’s absolute immunity forecloses the jurisdiction of this court,” reads Trump’s filing to the U.S. District Court in Washington, D.C. in response to Swalwell’s suit.

The Democratic lawmaker is suing Trump, his son Donald Trump Jr., Rep. Mo Brooks (R-Ala.), and Rudy Giuliani accusing them of inciting the Jan. 6 riot. He also claims in the suit that those individuals were conspiring to prevent Congress from certifying Biden’s win.

“Post-election challenges are not unusual. For months after the election, a Democratic candidate for the U.S. House of Representatives continued to claim she was the winner of a Congressional seat in Iowa. Ms. Rita Hart continued to press her claim that she should have been the rightfully elected congresswoman for Iowa’s 2nd Congressional District until she dismissed that action on April 5, 2021, five months after the election,” Trump argued in his filing.

“Democratic members of Congress contested the certification of electors after the 2004 and 2016 elections. Stacy Abrams also persisted in claims that she won her race for Governor of Georgia for many months after the election, never officially admitting she lost; instead, she alleged, “it was not a fair election,” provided no credible evidence to that point, and refused to concede,” Trump added.

“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,” Trump reminded the court before mocking Swalwell’s  “attempt at turning important and historic civil rights statutes into political weapons to weaken critical constitutional protections should be soundly rejected. The case should be dismissed.”

“The horrific events of January 6 were a direct and foreseeable consequence of the Defendants’ unlawful actions,” Swalwell’s March complaint said. “As such, the Defendants are responsible for the injury and destruction that followed.”

Trump’s filing said:

Congressman Eric Swalwell brought this lawsuit, blaming his emotional infirmities on former President Trump, Donald Trump, Jr., and the other Defendants. 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. 

His allegations stem from political statements (often taken out of context) made by Defendants on social media, to the press, and at a political rally. 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 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. Even while assuming, as we must at this stage, the averments in his Complaint are true, he has failed to plausibly plead any viable or plausible conspiracy theory against Defendants. Instead, he continues to repeat his steady diatribe of the same baseless and misleading allegations rejected by the Senate in Mr. Swalwell’s second failed impeachment attempt earlier this year. 

His attempt at turning important and historic civil rights statutes into political weapons to weaken critical constitutional protections should be soundly rejected. The case should be dismissed.

Donald J. Trump, the 45th President of the United States, is known for enthusiastic, passionate, and patriotic speeches. These addresses strongly support American values and vigorously oppose the agendas of Washington D.C.’s establishment bureaucrats. President Trump has fought, and continues to fight, against politics as usual as no American leader has before.

While his passion, grit, and commitment has gained him admiration and love from many millions of Americans, it has also brought scorn from his political adversaries. After the 2020 election, former President Donald J. Trump; his son, Donald Trump, Jr.; and countless others raised serious and important questions about the purported results of elections held in several states. Due to concerning incidents in several states, Mr. Trump and his supporters were engaged in litigation, recounts, and appeals in the weeks and months after the election.

During this time, Mr. Trump reached out to his supporters to encourage their continued support as well as donations to support his efforts.

Post-election challenges are not unusual. For months after the election, a Democratic candidate for the U.S. House of Representatives continued to claim she was the winner of a Congressional seat in Iowa. Ms. Rita Hart continued to press her claim that she should have been the rightfully elected congresswoman for Iowa’s 2nd Congressional District until she dismissed that action on April 5, 2021, five months after the election.

Ms. Hart’s challenge came after a fully certified election and recount under the state laws of Iowa. Ms. Hart was seeking to have the U.S. House of Representatives overturn the election despite the state’s procedures.

Democratic members of Congress contested the certification of electors after the 2004 and 2016 elections.

Stacy Abrams also persisted in claims that she won her race for Governor of Georgia for many months after the election, never officially admitting she lost; instead, she alleged, “it was not a fair election,” provided no credible evidence to that point, and refused to concede.

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