Mr. Swalwell accused Mr. Brooks, Mr. Trump, his son Donald Trump Jr. and his onetime personal lawyer Rudolph W. Giuliani of playing a key role in inciting the Jan 6. attack during a rally near the White House in the hours before the storming of the Capitol.
Citing excerpts from their speeches, Mr. Swalwell accused the men of violating federal law by conspiring to prevent an elected official from holding office or from performing official duties, arguing that their speeches led Mr. Trump’s supporters to believe they were acting on orders to attack the Capitol.
Mr. Swalwell alleged that their speeches encouraged Mr. Trump’s supporters to unlawfully force members of Congress from their chambers and destroy parts of the Capitol to keep lawmakers from performing their duties.
During the rally, Mr. Brooks told attendees that the United States was “at risk unlike it has been in decades, and perhaps centuries.” He said that their ancestors “sacrificed their blood, their sweat, their tears, their fortunes and sometimes their lives” for the country.
“Are you willing to do the same?” he asked the crowd. “Are you willing to do what it takes to fight for America?”
Mr. Swalwell said defendants in his lawsuit had incited the mob and had continued to stoke false beliefs that the election was stolen.
“As a direct and foreseeable consequence of the defendants’ false and incendiary allegations of fraud and theft, and in direct response to the defendants’ express calls for violence at the rally, a violent mob attacked the U.S. Capitol,” Mr. Swalwell said in his complaint. “Many participants in the attack have since revealed that they were acting on what they believed to be former President Trump’s orders in service of their country.”
Article source: https://www.nytimes.com/2021/07/27/us/politics/mo-brooks-justice-department-lawsuit.html