WASHINGTON:A Democratic congressman, in a lawsuit filed on Tuesday, accused former President Donald Trump, his personal lawyer Rudy Giuliani and two right-wing groups of conspiring to incite last month's deadly riot at the U.S. Capitol.
The civil lawsuit accuses them of violating the Ku Klux Klan Act, an 1871 law passed to crack down on the white supremacist organization. It is the latest legal attempt to find Trump responsible for the violence on Jan. 6, after he spent months falsely claiming his election defeat in November was the result of widespread fraud.
It also names as defendants the Proud Boys, a far-right organization, and the anti-government militia known as the "Oath Keepers."
"The insurrection was the result of a carefully orchestrated plan by Trump, Giuliani and extremist groups like the Oath Keepers and Proud Boys, all of whom shared a common goal of employing intimidation, harassment and threats to stop the certification of the Electoral College," according to a press release announcing the lawsuit.
The U.S. Senate on Saturday acquitted Trump of inciting the Jan. 6 riot, when 57 senators, including seven Republicans, voted to convict, short of the 67 votes needed.
Representative Bennie Thompson, a Democrat who chairs the House of Representatives Homeland Security Committee, is the named plaintiff on the suit filed in U.S. District Court in Washington.
It seeks compensatory and punitive damages without citing a dollar figure, as well as an award for attorneys fees. In addition, it asks a federal judge to issue an order barring Trump and his co-defendants from future violations of the law.
Thompson says he heard threats and a gunshot during the attack on the Capitol and had to hide from the mob.
The National Association for the Advancement of Colored People and attorneys from the law firm Cohen Milstein Sellers & Toll PLLC are handling the litigation.
Giuliani did not respond to a request comment.
Jason Miller, an adviser to Trump, said Giuliani "is not currently representing President Trump in any legal matters" and he dismissed the allegations in the lawsuit, citing Trump's acquittal in the Senate.
"President Trump did not plan, produce or organize the Jan. 6th rally on the Ellipse," Miller said in a statement, referring to a speech the Republican former president made that day at a rally near the White House.
Indiana University law professor Gerard Magliocca said Trump will likely be dismissed as a defendant from the lawsuit because of a U.S. Supreme Court decision from 1982 that protects presidents from lawsuits over official acts.
"I don't see how the tort suit can proceed" against Trump, Magliocca said, adding that in his view, Trump's speech was within the scope of his official duties.
Critics have said that Trump and Giuliani helped incite the rioters during the Jan. 6 "Save America" rally, where both repeated false claims that the election had been stolen.
Giuliani told the crowd "let's have trial by combat... I'll be darned if they're going to take our free and fair vote."
Trump, who then took the stage, urged people to march to the Capitol. More than 200 people have been charged with federal offences in the assault on Congress, which left five dead.
The lawsuit also discusses actions Trump took prior to the riots, as evidence he helped to incite them.
After officials in states such as Georgia, Arizona and Michigan warned of possible threats of violence, for instance, the lawsuit alleges that Trump "endorsed rather than discouraged" those threats.
The FBI and federal prosecutors have been increasingly focusing on whether members of far-right extremist groups conspired to impede Congress from certifying President Joe Biden's election victory.
At least 18 people associated with the Proud Boys have been charged so far for their alleged role during the riots. Several of the alleged Proud Boy associates have been accused of conspiring to impede Congress or block police from protecting the Capitol.
Three alleged associates of the Oath Keepers have also been indicted on charges they conspired to storm the U.S. Capitol as far back as November. One of them - Thomas Caldwell - pleaded not guilty last week.
Reuters has reported that the Justice Department is also considering whether to charge members of the groups under the federal Racketeer Influenced and Corrupt Organizations Act, known as RICO, normally used against organized crime. A decision on that has not been made.
Other members of Congress, including Democratic Representatives Hank Johnson and Bonnie Watson Coleman, are expected to join the lawsuit.
Reuters
Wed Feb 17 2021
Donald Trump stands with former New York City Mayor Rudolph Giuliani before their meeting at Trump National Golf Club in Bedminster, New Jersey, U.S. Filepic/REUTERS
Washington, DC officials identify 66 of 67 victims of midair collision
Work continues by the US Army Corps of Engineers to remove the airplane wreckage from the Potomac River.
Government to further strengthen ASEAN's readiness in finalising DEFA
Malaysia is focusing on two main approaches to facilitate the DEFA negotiation, says Liew Chin Tong.
Trade war will not hinder Malaysia’s GDP growth for 2025 - Rafizi
The finance ministry has projected Malaysia's GDP to grow between 4.5 and 5.5 per cent in 2025.
Trump administration considers adding Shein, Temu to 'forced labor' list, Semafor reports
The move comes after China imposes targeted tariffs on US imports and warnings of possible sanctions against firms like Google.
Thailand to cut power to Myanmar border areas linked to scam centres
Evidence shows transnational crime syndicates in Myanmar's Tachileik, Myawaddy, Payathonzu, that are possible power cut targets.
Trump reimposes 'maximum pressure' on Iran, aims to drive oil exports to zero
Trump signs the presidential memorandum reimposing Washington's tough policy on Iran that was practiced throughout his first term.
FACTBOX: Trump proposes US takeover of Gaza
Here are some remarks that US President Donald Trump made and questions that he answered during a press conference.
Singapore passes law against foreign interference in race-based organisations
Under the Racial Harmony Bill, race-based groups must disclose foreign and anonymous donations, affiliations, and leadership.
Malaysia, Uzbekistan agree to elevate ties to strategic partnership
Malaysia and Uzbekistan noted active cooperation on key issues within international bodies, especially the UN and OIC.
Musk's dad says he arranged son's call with South African leader
Trump's post claiming South Africa is "confiscating land" and mistreating "certain classes" triggers sudden flurry of backdoor diplomacy.
Israel PM Netanyahu says peace with Saudi Arabia is achievable
I think peace between Israel and Saudi Arabia is not only feasible, I think it's going to happen, says Israeli PM Benjamin Netanyahu.
Trump says UN has to 'get its act together,' UN pushes back
US President Donald Trump criticises the United Nations as "not being well run".
Police use latest tech to assist in renewed investigation of Teoh Beng Hock's case
Police says the technology could produce a clearer picture of the location where Teoh Beng Hock was found dead 15 years ago digitally.
Family of American killed on Malaysian Airlines flight can sue Russian bank, US court rules
The flight was shot down over DPR-controlled territory in eastern Ukraine by a surface-to-air missile, killing all 298 people on board.
FLOODCOM: M'sia's first floating flood disaster command centre using nuclear technology
The floating flood disaster command centre incorporates nuclear technology to accelerate emergency response and coordination during floods.
Saudi Arabia says it won't establish ties with Israel without creation of Palestinian state
Saudi Crown Prince affirms kingdom's stance in a "clear, explicit manner" with no room for interpretation, says foreign ministry.
What are five new critical metal exports restricted by China?
China announced sweeping export restrictions targeting five metals used across defence, clean energy and other industries.
Trump, in shock announcement, says US wants to take over Gaza Strip
The US will take over the Gaza Strip, and we will do a job with it too, says US President Donald Trump.
Air Busan to disallow power banks in overhead bins after plane fire
Any power banks should be kept with passengers so any overheating, smoke or fire can quickly be spotted and dealt with.
Can the US Congress intervene on Trump's tariffs?
The US Constitution gave Congress tariff powers, but for 70 years, it has passed laws shifting that authority to the president.