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    U.S. Declines to Defend Trump Ally in Lawsuit Over Jan. 6 Riot

    The move could mean that the Justice Department is also unlikely to defend former President Donald J. Trump in the case.WASHINGTON — The Justice Department declined on Tuesday to defend a congressional ally of former President Donald J. Trump in a lawsuit accusing them both of inciting supporters at a rally in the hours before the Jan. 6 storming of the Capitol.Law enforcement officials determined that Representative Mo Brooks, Republican of Alabama, was acting outside the scope of his duties in an incendiary speech just before the attack, according to a court filing. Mr. Brooks had asked the department to certify that he was acting as a government employee during the rally; had it agreed to defend him, he would have been dismissed from the lawsuit and the United States substituted as a defendant.“The record indicates that Brooks’s appearance at the Jan. 6 rally was campaign activity, and it is no part of the business of the United States to pick sides among candidates in federal elections,” the Justice Department wrote.“Members of Congress are subject to a host of restrictions that carefully distinguish between their official functions, on the one hand, and campaign functions, on the other.”The Justice Department’s decision shows it is likely to also decline to provide legal protection for Mr. Trump in the lawsuit. Legal experts have closely watched the case because the Biden Justice Department has continued to fight for granting immunity to Mr. Trump in a 2019 defamation lawsuit where he denied allegations that he raped the writer E. Jean Carroll and said she accused him to get attention.Such a substitution provides broad protections for government officials and is generally reserved for government employees sued over actions that stem from their work. In the Carroll case, the department cited other defamation lawsuits as precedent.The Brooks decision also ran counter to the Justice Department’s longstanding broad view of actions taken in the scope of a federal employee’s employment, which has served to make it harder to use the courts to hold government employees accountable for wrongdoing.Mr. Brooks did not immediately respond to a request for comment.Lawyers for the House also said on Tuesday that they declined to defend Mr. Brooks in the lawsuit. Given that it “does not challenge any institutional action of the House,” a House lawyer wrote in a court filing, “it is not appropriate for it to participate in the litigation.”The Justice Department and House filed their briefs on Tuesday, the deadline set by Judge Amit P. Mehta of the Federal District Court for the District of Columbia. The lawsuit, filed in March by Representative Eric Swalwell, Democrat of California, accuses Mr. Brooks of inciting a riot and conspiring to prevent a person from holding office or performing official duties.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.”In June, Mr. Brooks asked that the Justice Department defend him in the case. He cited the Westfall Act, which essentially substitutes the Justice Department as the defendant when federal employees are sued for actions deemed within the scope of their employment, according to a court document.He described his speech on Jan. 6 as part of his job, saying that his duties include delivering speeches, making pronouncements on policy and persuading lawmakers.The Justice Department rejected that assertion.“Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a representative — or any federal employee — and thus is not the sort of conduct for which the United States is properly substituted as a defendant under the Westfall Act,” the department wrote. “Brooks does not argue otherwise. Instead, he denies the complaint’s allegations that he conspired to incite the attack on the Capitol.”Mr. Trump has not sought to have the government substitute for him as a defendant in the lawsuit under the Westfall Act. But he has argued in court filings that the statements he made on Jan. 6 are covered by broad immunity, that he could not be sued for making them and that the lawsuit violated his free speech rights.Should a judge deny Mr. Trump’s claims, he could ask the Justice Department to intervene on his behalf. But its decision in Mr. Brooks’s case lowered the chances that it would comply. More

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    Donations Surge for Republicans Who Challenged Election Results

    The lawmakers, who encouraged their followers to protest in Washington on Jan. 6, have capitalized on the riot to draw huge campaign donations.WASHINGTON — Republicans who were the most vocal in urging their followers to come to Washington on Jan. 6 to try to reverse President Donald J. Trump’s loss, pushing to overturn the election and stoking the grievances that prompted the deadly Capitol riot, have profited handsomely in its aftermath, according to new campaign data.Senators Josh Hawley of Missouri and Ted Cruz of Texas, who led the challenges to President Biden’s victory in their chamber, each brought in more than $3 million in campaign donations in the three months that followed the Jan. 6 attack on the Capitol.Representative Marjorie Taylor Greene, Republican of Georgia who called the rampage a “1776 moment” and was later stripped of committee assignments for espousing bigoted conspiracy theories and endorsing political violence, raised $3.2 million — more than the individual campaign of Representative Kevin McCarthy, the minority leader, and nearly every other member of House leadership.A New York Times analysis of the latest Federal Election Commission disclosures illustrates how the leaders of the effort to overturn Mr. Biden’s electoral victory have capitalized on the outrage of their supporters to collect huge sums of campaign cash. Far from being punished for encouraging the protest that turned lethal, they have thrived in a system that often rewards the loudest and most extreme voices, using the fury around the riot to build their political brands. The analysis examined the individual campaign accounts of lawmakers, not joint fund-raising committees or leadership political action committees.“The outrage machine is powerful at inducing political contributions,” said Carlos Curbelo, a former Republican congressman from Florida.Shortly after the storming of the Capitol, some prominent corporations and political action committees vowed to cut off support for the Republicans who had fanned the flames of anger and conspiracy that resulted in violence. But any financial blowback from corporate America appears to have been dwarfed by a flood of cash from other quarters.Representative Madison Cawthorn of North Carolina, a freshman who urged his supporters to “lightly threaten” Republican lawmakers to goad them into challenging the election results, pulled in more than $1 million. Representative Lauren Boebert of Colorado — who like Ms. Greene compared Jan. 6 to the American Revolution — took in nearly $750,000.The sums reflect an emerging incentive structure in Washington, where the biggest provocateurs can parlay their notoriety into small-donor successes that can help them amass an even higher profile. It also illustrates the appetites of a Republican base of voters who have bought into Mr. Trump’s false claims of widespread election fraud and are eager to reward those who worked to undermine the outcome of a free and fair election.Most of the dozens of corporations that pledged to cut off any Republican who supported overturning the election kept that promise, withholding political action committee donations during the most recent quarter. But for the loudest voices on Capitol Hill, that did not matter, as an energized base of pro-Trump donors rallied to their side and more than made up the shortfall.“We’re really seeing the emergence of small donors in the Republican Party,” said Alex Conant, a Republican strategist. “In the past, Democrats have been the ones who have benefited most from small-dollar donations. We’re seeing the Republicans rapidly catching up.”Lawmakers have long benefited richly from divisive news coverage, especially around prominent events that play to the emotions of an enraged or fearful voter base. But the new filings illustrate a growing chasm between those who raise money through a bombastic profile — often bolstered by significant fund-raising expenditures — and those who have focused their attentions on serious policy work.As provocative freshmen like Ms. Greene, Ms. Boebert and Mr. Cawthorn took in high-dollar figures, other more conventional members of their class in competitive districts — even those praised for their fund-raising prowess — were substantially behind.For instance, Ashley Hinson of Iowa and Young Kim of California, both of whom opposed the electoral challenges and have worked on bipartisan bills, each took in less than $600,000.Ms. Greene, Ms. Boebert and Mr. Cawthorn raised more money than the top Republicans on the most powerful committees in Congress, such as appropriations, budget, education and labor, foreign affairs and homeland security.In many cases, Republican lawmakers who fanned the flames of the Jan. 6 violence have since benefited by casting themselves as victims of a political backlash engineered by the Washington establishment, and appealed to their supporters.“Pennsylvania wasn’t following their own state’s election law, but the establishment didn’t want to hear it. But that’s not who I work for,” Mr. Hawley wrote in January in a fund-raising message. “I objected because I wanted to make sure your voice was heard. Now, Biden and his woke mob are coming after me. I need your help.”Ms. Greene fund-raised off a successful effort to exile her from committees, led by furious Democrats incensed at her past talk in support of executing Speaker Nancy Pelosi and encouraging her followers to “Stop the Steal” on Jan. 6. Setting goals of raising $150,000 each day in the days before and after the unusual vote, she surpassed them every time.“The D.C. swamp and the fake news media are attacking me because I am not one of them,” one such solicitation read. “I am one of you. And they hate me for it.”But the polarizing nature of Mr. Trump also helped some Republicans who took him to task for his behavior surrounding the events of Jan. 6.Representative Liz Cheney of Wyoming, the No. 3 House Republican who voted to impeach Mr. Trump, took in $1.5 million, and Representative Adam Kinzinger of Illinois, who has started an organization to lead the Republican Party away from fealty to Mr. Trump, raised more than $1.1 million.“It’s obvious that there’s a strong market for Trumpism in the Republican base,” Mr. Curbelo said. “There is also a strong market for truth-telling and supporting the Constitution.”Mr. Conant questioned how much of the fund-raising surge for some candidates was directly tied to the Capitol assault, which he said the conservative news media had generally “moved on” from covering.Instead, he said that Republican voters were “very nervous” about the direction of the country under Democratic control and were eager to support Republicans they viewed as fighting a liberal agenda.“It pays to be high-profile,” Mr. Conant said. “It’s more evidence that there’s not a lot of grass-roots support for milquetoast middle of the road. It doesn’t mean you have to be pro-Trump. It just means you need to take strong positions, and then connect with those supporters.”But if the Republican civil war has paid campaign dividends for fighters on both sides, individual Democrats involved in prosecuting Mr. Trump for the riot in his impeachment trial have not reaped a similar windfall.With her $3.2 million raised this quarter, Ms. Greene brought in more money than the combined total raised by all nine impeachment managers — even though they won widespread applause in liberal circles for their case against the former president. Three of the managers have raised less than $100,000 each over the past three months, according to the data.Representative Marjorie Taylor Greene brought in more than the combined total raised by nine impeachment managers, three of whom raised less than $100,000 over the past three months.Anna Moneymaker for The New York TimesAs money pours into campaigns, the Jan. 6 assault has also resulted in much spending around security precautions.The Federal Election Commission expanded guidance allowing lawmakers to use campaign contributions to install residential security systems at their homes, and top Capitol Hill security told lawmakers to consider upgrading their home security systems to include panic buttons and key fobs.Campaign filings show nearly a dozen lawmakers have made payments of $20,000 or more to security companies in the past three months, including Senator Patrick J. Toomey, Republican of Pennsylvania, who voted to convict Mr. Trump; Representative Alexandria Ocasio-Cortez, Democrat of New York, who gave a harrowing account of the riot; and Representative Eric Swalwell, Democrat of California and one of the impeachment managers against Mr. Trump.Mr. Cruz and Mr. Hawley were also among the biggest spenders on security.Lauren Hirsch More

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    Representative Eric Swalwell Sues Trump Over Capitol Riot

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeThe Lost HoursThe Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyFormer Impeachment Manager Sues Trump Over Capitol RiotThe suit by Representative Eric Swalwell accuses Donald J. Trump of inciting the Jan. 6 attack and conspiring to prevent Congress from formalizing President Biden’s victory.“The horrific events of Jan. 6 were a direct and foreseeable consequence of the defendants’ unlawful actions,” according to the suit, filed by Representative Eric Swalwell, Democrat of California.Credit…Erin Schaff/The New York TimesMarch 5, 2021, 5:35 p.m. ETA House Democrat who unsuccessfully prosecuted Donald J. Trump at his impeachment trial sued him in federal court on Friday for acts of terrorism and incitement to riot, trying to use the justice system to punish the former president for his role in the Jan. 6 assault on the Capitol.The suit brought by Representative Eric Swalwell, Democrat of California, accuses Mr. Trump and key allies of whipping up the deadly attack and conspiring with rioters to try to prevent Congress from formalizing President Biden’s election victory.Echoing the case laid out in the Senate, which acquitted him, it meticulously traces a monthslong campaign by Mr. Trump to undermine confidence in the 2020 election and then overturn its results, using his own words and those of his followers who ransacked the building to narrate it.“The horrific events of Jan. 6 were a direct and foreseeable consequence of the defendants’ unlawful actions,” Mr. Swalwell asserts in the civil suit, filed in Federal District Court in Washington. “As such, the defendants are responsible for the injury and destruction that followed.”Though not a criminal case, the suit charges Mr. Trump and his allies with several counts including conspiracy to violate civil rights, negligence, incitement to riot, disorderly conduct, terrorism and inflicting serious emotional distress. If found liable, Mr. Trump could be subject to compensatory and punitive damages; if the case proceeds, it might also lead to an open-ended discovery process that could turn up information about his conduct and communications that eluded impeachment prosecutors.In addition to the former president, the suit names as defendants his eldest son, Donald Trump Jr., his lawyer, Rudolph W. Giuliani, and Representative Mo Brooks, Republican of Alabama, who led the effort to overturn Mr. Trump’s election defeat when Congress met on Jan. 6 to formalize the results.All three men joined Mr. Trump in promoting and speaking at a rally in Washington that day, which Mr. Swalwell says lit the match for the violence that followed with incendiary and baseless lies about election fraud.Read the Suit: Swalwell v. TrumpThe suit from Representative Eric Swalwell accuses Mr. Trump and several allies of inciting the attack and conspiring with rioters to try to prevent Congress from formalizing President Biden’s victory.Read DocumentA majority of the Senate, including seven Republicans, voted to find Mr. Trump “guilty” based on the same factual record last month, but the vote fell short of the two-thirds needed to convict him. Several Republicans who voted to acquit him, including Senator Mitch McConnell of Kentucky, the minority leader, concluded that Mr. Trump was culpable for the assault but argued the courts, not the Senate, were the proper venue for those seeking to hold him accountable.Phil Andonian, a lawyer representing Mr. Swalwell, said that the lawsuit was an answer to that call.That Mr. Trump “seems to be made of Teflon cuts in favor of finding a way to pierce that because he hasn’t really been held fully accountable for what was one of the darkest moments in American history,” he said in an interview.The lawsuit adds to Mr. Trump’s mounting legal woes as he transitions into life after the presidency and contemplates a political comeback. Another Democratic lawmaker, Representative Bennie Thompson of Mississippi, already filed suit on similar grounds in recent weeks with the N.A.A.C.P.Prosecutors in New York have active inquiries into his financial dealings, and in Georgia, prosecutors are investigating his attempts to pressure election officials to reverse his loss.In a statement, Jason Miller, an adviser to Mr. Trump, blasted Mr. Swalwell as a “a lowlife with no credibility” but did not comment on the merits of the case.Mr. Brooks rejected the claims, saying he would wear Mr. Swalwell’s “scurrilous and malicious lawsuit like a badge of courage.” He said he made “no apology” for his actions around the riot, when he urged rallygoers outside the White House to start “taking down names and kicking ass.”Both men resurfaced Republican attacks on Mr. Swalwell questioning his character based on his former association with a woman accused of being a Chinese spy. Mr. Swalwell broke off contact with the woman after he was briefed by American intelligence officials, and has not been accused of any wrongdoing.Mr. Giuliani, who urged the same crowd to undertake “trial by combat,” and a lawyer for Donald Trump Jr. did not respond to requests for comment.Both Mr. Thompson’s suit and Mr. Swalwell’s rely on civil rights law tracing to the 19th-century Ku Klux Klan Act, but their aims appear to differ. The earlier suit targets Mr. Trump’s association with right-wing extremist groups, naming several groups as defendants and explicitly detailing racialized hate it claims figured in the attack. Mr. Swalwell focuses more narrowly on punishing Mr. Trump and his inner circle for the alleged scheme.“He lied to his followers again and again claiming the election was stolen from them, filed a mountain of frivolous lawsuits — nearly all of which failed, tried to intimidate election officials, and finally called upon his supporters to descend on Washington D.C. to ‘stop the steal,’” Mr. Swalwell said in a statement.In the suit, Mr. Swalwell describes how he, the vice president and members of the House and Senate were put at direct risk and suffered “severe emotional distress” as armed marauders briefly overtook the Capitol in Mr. Trump’s name.“The plaintiff prepared himself for possible hand-to-hand combat as he took off his jacket and tie and searched for makeshift instruments of self-defense,” it says.During the Senate trial, Mr. Trump’s defense lawyers flatly denied that he was responsible for the assault and made broad assertions that he was protected by the First Amendment when he urged supporters gathered on Jan. 6 to “fight like hell” to “stop the steal” he said was underway at the Capitol.The nine House managers argued that free speech rights had no place in a court of impeachment, but they may prove a more durable defense in a court of law. Though the suit targets them in their personal capacities, Mr. Trump may also try to dismiss the case by arguing that the statements he made around the rally were official, legally protected acts.Lyrissa Lidsky, the dean of the University of Missouri School of Law, said that the suit relied on a novel application of civil rights law originally meant to target racialized terrorism in the Reconstruction-era South. But she predicted the case would ultimately boil down to the same fundamental questions that animated Mr. Trump’s trial in the Senate: whether his words on Jan. 6 and leading up to it constituted incitement or were protected by the First Amendment.“By filing the suit, Swalwell is trying to relitigate in the court of public opinion the case he lost in the impeachment trial,” Ms. Lidsky said. A change of venue can sometimes produce different outcomes, she added, but Mr. Swalwell faces an uphill climb.“I wouldn’t hold my breath,” she said.AdvertisementContinue reading the main story More