Below is my column in The Hill newspaper on the complaint filed by Rep. Eric Swalwell against former president Donald Trump. Swalwell just filed a complaint that could prove to be the vindication that Trump has long sought in the riot in the Capitol on January 6th.
French philosopher Voltaire said he had only one prayer in life — “O Lord, make my enemies ridiculous” — and that it was uniformly granted by God. The answer to Donald Trump’s prayers may be Rep. Eric Swalwell (D-Calif.). It is not because of Swalwell’s relationship with a Chinese agent or the bizarre defenses of him, including one Democrat insisting he deserved the Medal of Honor. It is because Swalwell’s lawsuit against the former president could offer Trump the ultimate vindication over his role in the Jan. 6 riot on Capitol Hill.
Swalwell’s 64-page complaint against Trump — along with son Donald Jr., Rudy Giuliani, and Rep. Mo Brooks (R-Ala.) — alleges nine counts for relief, from negligent emotional distress suffered by Swalwell to negligence in the “incitement to riot.” One might think this would be a lead-pipe cinch of a case. After all, an array of legal experts has insisted for months that this was clear criminal incitement, not an exercise of free speech. As a civil lawsuit, it should be even easier to win, since the standard of proof is lower for civil cases. read more