Former President Donald Trump is trying to get Rep. Eric Swalwell’s (D-Calif.) lawsuit against him related to the January 6 insurrection thrown out, claiming he had “absolute immunity” as president.
In a 49-page court filing, Trump asked a federal judge to dismiss Swalwell’s lawsuit that claims the former president’s statements on January 6 incited the riot.
The filing read, “Plaintiff invites this Court to forge new territory and adopt a new rule which would be subjective in nature and encourage political opponents to take their disputes out of the public square and out of the halls of Congress and into the courtrooms to punish a president for disfavored speech. The President’s absolute immunity forecloses the jurisdiction of this Court.”
Trump has made unfounded claims that there was widespread fraud that tilted the results in President Joe Biden’s favor.
Earlier this year, he was impeached by the House on the charge of incitement of insurrection for what lawmakers allege was his role in inciting the riot. He was acquitted by the Senate.
The filing defended Trump’s push for lawmakers to challenge the certification of the Electoral College votes:
“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.”
In March, Swalwell filed a civil lawsuit against Trump, Donald Trump Jr., Rudy Giuliani, and Rep. Mo Brooks (R-Ala.).
The California Democrat claimed the four “[incited] an attack against the Capitol that terrorized lawmakers and prevented us from certifying the votes for the American people.”
“Unable to accept defeat, Donald Trump waged an all out war on a peaceful transition of power. He lied to his followers again and again claiming the election was stolen from them,” he added.
While he was president, Trump also claimed had “absolute immunity” from criminal prosecution, which the Supreme Court rebuffed last year.
