Swalwell v. Trump Complaint

Case 1:21-cv-00586 Document 1 Filed 03/05/21 Page 1 of 65
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
Representative ERIC SWALWELL )
174 Cannon House Office Building )
U.S. House of Representatives )
Washington, D.C. 20515, )
)
Plaintiff, )
)
v. )
)
DONALD J. TRUMP )
(in his personal capacity) )
The Mar-A-Lago Club )
1100 S. Ocean Blvd. ) Case No. ________________
Palm Beach, FL 33480, )
) JURY TRIAL DEMANDED
DONALD J. TRUMP JR. )
425 E. 58th Street )
Apt. 12 CD )
New York, NY 10022, )
)
Representative MO BROOKS )
(in his personal capacity) )
2185 Rayburn House Office Building )
U.S. House of Representatives )
Washington, D.C. 20515, )
)
and )
)
RUDOLPH GIULIANI )
Rudolph W. Giuliani, PLLC )
445 Park Avenue )
18th Floor )
New York, NY 10022, )
)
Defendants. )
)
COMPLAINT
1. The peaceful transfer of power is a sacrament of American democracy. Donald
Trump, his son Donald Trump Jr., his advisor Rudy Giuliani, and Congressman Mo Brooks,
together with many others, defiled that sacrament through a campaign of lies and incendiary
rhetoric which led to the sacking of the United States Capitol on January 6, 2021.
2. Donald Trump lost the 2020 presidential election; he was unwilling to accept
defeat. Trump lied to his followers, telling them that the certification of Joe Biden’s election was
a “coup” and that their country was being stolen from them. The Defendants filed frivolous
lawsuits, all of which failed. The Defendantstried to intimidate state officials, none of whom
caved to the pressure. Out of options and out of time, the Defendants called their supporters to
Washington, D.C. on the day Congress met to certify Joe Biden’s win, telling them to “Stop the
Steal” and “be wild.” Thousands came to the District in response. Some planned violence at the
Capitol in advance; some were stirred to violence by the Defendants’ words on that day.
3. Trump implored the crowd to “fight like hell” and “walk down Pennsylvania
Avenue . . . to the Capitol.” According to an analysis of cell phone location data, approximately
40% of the rally attendees did just that.1
4. 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. 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.
5. The mob disrupted the certification of the vote in the Electoral College. Rioters
threatened to hang Vice President Mike Pence and kill the Speaker of the House, Nancy Pelosi,
and they terrorized and injured scores of others, including the Plaintiff.
1
https://www.nytimes.com/2021/02/05/opinion/capitol-attack-cellphone-data.html
2
6. Many members of Congress, including the Plaintiff, were trapped in the House
chamber as plainclothes officers barricaded doors and held off the mob at gunpoint. Fearing for
their lives, the Plaintiff and others masked their identities as members of Congress, texted loved
ones in case the worst happened, and took shelter throughout the Capitol complex.
7. As the Plaintiff and hundreds of others—including police officers, other elected
officials, and rank-and-file workers at the Capitol—were put in mortal danger, and as the seat of
American Democracy was desecrated by the insurgent mob, the Defendants watched the events
unfold on live television. Those with knowledge claimed that during this moment of national
horror, Trump was “delighted” and was “confused about why other people on his team weren’t
as excited as he was.” Others described Trump as “borderline enthusiastic” about the unfolding
violence.
8. The horrific events of January 6 were a direct and foreseeable consequence of the
Defendants’ unlawful actions. As such, the Defendants are responsible for the injury and
destruction that followed.
I.
PARTIES
Plaintiff Eric Swalwell
9. Plaintiff Eric Swalwell is beginning his fifth term as a member of the United
States House of Representativesfrom California’s 15th Congressional District. He is a member
of the House Permanent Select Committee on Intelligence, where he serves as Chair of the
Intelligence Modernization and Readiness Subcommittee, as well as a member of the House
Judiciary Committee. Before his election to the House in 2012, Congressman Swalwell spent
seven years as a prosecutor in the Alameda County District Attorney’s office in his home state of
California. In 2021, Speaker of the House Nancy Pelosi appointed Congressman Swalwell as
3
one of nine House impeachment managers for Donald Trump’s historic second impeachment
trial.
10. On January 6, 2021, Congressman Swalwell was at the Capitol performing his
official duties as a member of the U.S. House of Representatives to count the Electoral College
votes and certify the winner of the 2020 Presidential election.
11. Congressman Swalwell was in the House chambers when the violent mob entered
the Capitol, ransacked offices, and set out to kill members of Congress and other officials. He
was on the House floor the moment plainclothes officers barricaded doors and held the rioters at
gunpoint to prevent them from entering the chamber.
Defendants
12. Defendants are the former President of the United States and three close
associates who conspired with him and others, including the rioters who breached the Capitol on
January 6, to prevent Congress from certifying President Biden’s victory in the 2020 presidential
election.
Defendant Donald J. Trump
13. Donald J. Trump was the 45th President of the United States. He ran for
reelection in 2020 and lost. He has a lengthy history of normalizing violence through his
rhetoric and social media communications. After his electoral defeat, Trump and the other
Defendants conspired to undermine the election results by alleging, without evidence, that the
election had been rigged and by pressuring elected officials, courts, and ultimately Congress to
reject the results.
14. Trump also promoted and spoke at the January 6 rally, the culmination of the
Defendants’ coordinated efforts to subvert the certification vote which was funded and organized
by his campaign and groups supporting his candidacy. He encouraged his followers to come to
4
Washington, D.C. on January 6, and he encouraged them to go to the Capitol to “fight like hell.”
Trump directly incited the violence at the Capitol that followed and then watched approvingly as
the building was overrun.
15. Trump did all these things solely in his personal capacity, for his own personal
benefit, and to advance his personal interests as a candidate. For example, he tweeted from his
personal Twitter account (@realDonaldTrump)and not from the official, White House, twitter
account, and he spoke at the January 6 rally in his capacity as a losing candidate for the
Presidency on the day Joseph Biden was being certified as the winning candidate and next
President of the United States.
Defendant DonaldJ. Trump Jr.
16. Defendant Donald J. Trump Jr. is the oldest son of former President Trump and
the executive vice president of the Trump Organization. Trump Jr. conspired with the other
Defendants to undermine the election results by alleging, without evidence, that the election had
been rigged and by pressuring elected officials, courts, and ultimately Congress to reject the
results.
17. Trump Jr. also promoted and spoke at the January 6 rally. He addressed the
crowd at this event and directly incited the violence at the Capitol that followed.
Defendant Rudolph Giuliani
18. Defendant Rudolph Giuliani was a close advisor and personal lawyer for former
President Trump. Giuliani conspired with the other Defendants to undermine the election
results by alleging, without evidence, that the election had been rigged and by pressuring elected
officials, courts, and ultimately Congress to reject the results. As one of Trump’s personal
attorneys, Giuliani participated in the frivolous lawsuits filed on Trump’s behalf.
5
19. Giuliani also promoted and spoke at the January 6 rally. Giuliani addressed the
Defendant Mo Brooks
20. Defendant Mo Brooks is a member of the United States House of Representatives
from Alabama’s Fifth Congressional District. Brooks—acting in his personal capacity—
conspired with the other Defendantsto undermine the election results by alleging, without
evidence, that the election had been rigged and by pressuring elected officials, courts, and
ultimately Congress to reject the results.
21. Brooks also promoted and spoke at the January 6 rally. Brooks addressed the
II.
JURISDICTION AND VENUE
22. This Court has subject matter jurisdiction over this case because the Plaintiff’s
federal conspiracy claims arise under the laws of the United States. It has jurisdiction over the
Plaintiff’s state law claims because they are so closely related to the federal claims as to form
part of the same case or controversy. See 28 U.S.C. §§ 1331, 1367; 42 U.S.C. §§ 1985, 1986.
23. Venue is proper in this Court because a substantial part of the conduct giving rise
to the claims in the case, including the violent attack on the Capitol the Defendants incited,
occurred in the District of Columbia. See 28 U.S.C. § 1391(b)(2).
24. This Court has personal jurisdiction over all the Defendantsbecause they
committed these violations in the District of Columbia. See Fed. R. Civ. P. 4(k)(1)(A); D.C.
Code § 13-423.
6
Case 1 :21- cv- 00586 Document 1 Filed 03/05/21 Page 7 of 65
III.
RELEVANTFACTUALBACKGROUND
Trump's DeliberateEffortsto Underminethe ElectionResults
25. Monthsbefore a single poll had opened for the 2020 election, Trump and the
Trump campaign began accusing Democrats of trying to “ steal the election, ” calling the lawful
state decisions about howto conduct an electioninthe midst of a world- wide pandemic
supervised, where appropriate, by the courts—“the scandal of our times . ” He repeatedly made
such statements, right up to the days immediately preceding the election:
000
DonaldJ. Trump
@realDonald Trump
A 3 day extension for Pennsylvania is a disaster for
our Nation , and for Pennsylvania itself. The
Democrats are trying to steal this Election . We have
to get out and VOTE in even larger numbers . The
Great Red Wave is coming !!!
1:12 PM Oct 29, 2020
DonaldJ. Trump
@realDonald Trump
RIGGED 2020 ELECTION : MILLIONS OF MAIL- IN
BALLOTS WILL BE PRINTED BY FOREIGN
COUNTRIES , AND OTHERS . IT WILL BE THE
SCANDAL OF OUR TIMES !
7:16AM 22, 2020
26. When election day (November 3) arrived, however, Trump said nothing of
election fraud for much of the day, almost surely because he led Biden in the early returns.
27. Democrats more so than Republicans chose to vote by mail, given the starkly
partisan views of the Covid- 19 pandemic. Where most Republican leaders urged supporters to
7
vote in person, Democratic leaders sought to prioritize safety and social- distancing, encouraging
people to vote by mail. Mail- in ballots were often counted much later than in-person ballots.
Ofthe battlegroundstates that largely decided the 2020 election Pennsylvania, Wisconsin,
Michigan, Ohio, Georgia, Nevada, and Arizona Pennsylvania and Wisconsin do not begin
processingmail- in ballots until electionday, and only Arizona and Nevadabegan counting
mail- in ballots earlier than election day
28. Toward the end of the day on November3 , however, the returns movedin
Biden’s , as most pundits and analysts had predicted, and Trump's lead substantially
dwindled. As his outlook soured over this news, and realizing that his reelection campaign was
going to be unsuccessful, Trump decided to renew his claims of voter fraud .
29. At 12:49 a.m., on November4 , Trump took to Twitter to accuse unnamed
individualsfrom attempting to steal his victory.
DonaldJ. Trump
@realDonald Trump
We are up BIG, but they are trying to STEAL the Election.

We willnever let them do it. Votes cannot be cast after the
Polls are closed !
12:49 AM , 2020
30. A little more than an hour later, Trump accused a “very sad group of people ” of
“trying to disenfranchise” the millions of people who had voted for
See, e.g.,https://www.theguardian.com/us-news/2020/dec/03/democrats-mail-in-voting
2020-election-analysis .
3
https://www.npr.org/2020/10/23/926258497/when-will-mail-in-ballots-be-counted-see
states -processing -timelines .
4
A video ofTrump's entire address can be found online at https://www.c
span.org/video/?477710-1/president-trump-remarks-election-status. The referenced statements
appear at the 00:59 second mark .
8
31. Later in the day, Trump doubled down on his claims of fraud, falsely declaring
victory in the battlegroundsof Pennsylvania, Georgia, North Carolina, and Michigan, even as
hundredsofthousands ofvotes in those states were still being counted and the polls were
showing an increasing advantage for Biden .
32 The following morning, November 5 less than 48 hours after the polls had closed,
Trump tweeted “ Stop the Count” and “ Stop the Fraud ” slogans frequently repeated throughout
the day on January 6 prior to and during the attack on the Capitol. He sent these tweets in an
effort to keep his reelection prospects alive, despite the mounting reasons to believe he had been
defeated
Donald J. Trump Donald J. Trump

@realDonaldTrump @realDonald Trump
STOP THE COUNT! STOP THE FRAUD!
9:12AM , 2020 12:21 PM , 2020
33. Trump gave his first prime-time speech since the election the evening of
November5. He opened his remarksto the nationwith a stunningfalse assertion, “ If you count
the legal votes, I easily win. Ifyou count the illegal votes , they can try to steal the election from
us . He echoed that sentiment on Twitter a short while later:
DonaldJ. Trump
@realdonaldtrump
easily WIN the Presidencyofthe UnitedStates with LEGAL VOTES CAST. The
OBSERVERS were not allowed, in any way, shape, or form , to do their job and
therefore, votes accepted during this periodmust be determined to be ILLEGAL
VOTES. Supreme Court should decide!
Nov 2020- 2:22:47AM EST for iPhone on Twitter
5
Biden eventually won three of these four states, claiming Pennsylvania, Michigan, and
Georgia.
6
https://www.c-span.org/video/?477858-1/president-trump-challenges-latest-election
results -claims-voter - fraud .
9
34. Trump's allegations of wrongdoing in those first days after the election sparked
confrontations nationwide between his supporters and election officials :
Trump Supporters Gather As

Votes Are Counted in Atlanta
5, 20203:46PM
November
Detroit Elections Center Employee On Stop

wbur
'
The Count ' Protest: 'It Said A Lot '
November05, 2020
Stop the Steal Protest

URBAN
at Central Vote Site
MILWAUKEE Nov 5th, 2020 09:18pm
LAS VEGAS
Trump backers descend on Clark
County electionsite for second night
SUN Thursday
, Nov.5, 2020 10:10p.m.
2 Heavily Armed Va. Men FoundOutside

CenterCharged AsPhillyPolice
InvestigateThreat Of Attack
Philly November6 , 2020 at 10:11pm
Armed men attempting to stop

The Daily vote counting arrested outside
Pennsylvanian Pennsylvania Convention Center
11/09/20 2:30am
35 . Trump soon after began directing his criticisms at individual elected officials. His
supporters, in turn, began targeting those officials for harassment and threats . For example ,
armedsupportersofthe former President

, encouragedby him, surroundedthe home of the
Michigan Secretary of State, while Trump- supporting militias demanded a citizen tribunal ” at
the Georgia Capitol.
10
Case 1 :21- cv- 00586 Document 1 Filed 03/05/21 Page 11of 65
36. President Biden went on to win the states of Arizona Georgia. Yet, in the
first halfof December, Trump attacked the Republican governors of these states, accusing them
of “ fight[ ing] harder against us than do the Radical Left Dems. ” He lamented their lack of
fealty to him, stating ifthese governors “ were with us , we would already have won both
Arizona and Georgia” :
DonaldJ.Trump
@realDonald Trump
Between Governor @DougDucey of Arizona and
Governor Georgia , the Democrat
Party could not be happier . They fight harder against us
than do the Radical Left Dems. If they were with us, we
would have already won both Arizona and Georgia
5:33PM , 2020
DonaldJ. Trump DonaldJ. Trump

@realDonaldTrump @realDonaldTrump
The RINOS that run the state ...Tensof millionsof haphazardly

voting apparatus have caused us ballots sent, with some people
this problem of allowing the getting two, three, or four ballots.
Democrats to so blatantly cheat in We will never give up!
their attempt to steal the election, 5:15PM 13 2020
which we won overwhelmingly.
How dare they allow this massive
and ridiculous Mail- In Voting to
...
5:15 PM 13, 2020
37. Trump also attempted to pressure state electors to improperly overturn the
election results in their states. He directed particular attention to officials in Michigan,
Pennsylvania, and Georgia. He personally attempted to cajole these officials to overturn the
election results and directed his followers to intimidate these perceived adversaries.
7
https://www.archives.gov/files/ascertainment-arizona.pdf
8
https://www.archives.gov/files/electoral-college/2020/ascertainment-georgia.pdf
11
Case 1 :21-cv- 00586 Document 1 Filed 03/05/21 Page 12 of 65
Michigan
38 In November 2020, bipartisan election officials in Wayne County , Michigan
unanimously certified the election results for President Biden. Trump then tried to pressure two
Republican members of that board to change their minds. In response, these two officials in fact
tried — unsuccessfully — to rescind their votes certifying the election results.
39 . Trump next contactedMichiganSenate MajorityLeader Mike Shirkey and
Speaker ofthe MichiganHouse ofRepresentativesLee Chatfield. Trump likewisepressured
them to overturn Michigan's election results, even meeting them in person to pressure them to
undo the results of the election. Those efforts, too, proved unsuccessful.
40. Undeterred, Trump falsely declared on December5 “ You know I won almost
every county in Michigan, almost every district . We should have won that state very easily .
We have a similar type of governor I think but I'll let you know that in about a week .”
41. In what should have been an obvious sign of the risk inflammatory language
could pose on January 6 , some of Trump's followers heard his claims as a directive to act. And
they responded. A large group of armed protestors convened at the home of the Michigan
Secretary of State chanting , “ Stop the steal !,” “ a threat to our democracy and “ You're
a threat to a free and honest election ! ” The protestors made explicit demands that the Secretary
overturn the state's election results .
42. Trump's efforts to overturnthe electionresults inMichiganwere unsuccessful

.
43
There were no election irregularities in Michigan sufficient to change the final
Presidential vote count in that state . Joe Biden won the Presidential vote in Michigan .
9
https://www.archives.gov/files/ascertainment-michigan.pdf
12
Pennsylvania
44. Trump also attemptedto interferewith officials in Pennsylvania. Trump
contactedPennsylvaniaState Senate MajorityLeaderKim Ward and PennsylvaniaSpeaker of
the House of RepresentativesBrianCutler. Trump directly and falsely told Senator ard
“ There was fraud in the voting.”
45. On November 25 , 2020, Trump participated by phone a Pennsylvania State
Republican Senate policy hearing and attempted to convince the state legislators that there had
been massive fraud in the commonwealth’s voting. Trump spoke directly to the lawmakers,
telling them , “ This election has to be turned around.” He further falsely claimed that he had
won Pennsylvania and other swing states a lot.
46. As he had in Michigan, Trump personally met with Republicanmembers of the
Pennsylvania legislature to pressure them to overturn the commonwealth’s election results .
47 .
Trump's efforts to overturn the results in Pennsylvania were unsuccessful.
48. There were no electionirregularitiesin Pennsylvaniasufficient to change the final
Presidential vote count in that commonwealth. Joe Biden won the Presidential vote in
Pennsylvania 10
Georgia
49. Trump went to especially extraordinary lengths to overturn the election results in
Georgia, a reliably Republican stronghold for decades that Trump believed was in jeopardy.
After Secretary of State BradfordRaffenspergerstated his beliefthat the state's electionresults
in favor of President Biden were accurate, Trump lashed out at him. He called Raffensperger an
10
https://www.archives.gov/files/electoral-college/2020/ascertainment-pennsylvania.pdf
13
“ enemy of the people ” and directedat least 17 tweets at him, referringto him as a “ disaster,
“ obstinate, ” and a “ so -called [ ] .”
50. In what should havebeen anotherwarningto the Defendantsabout the impactof
their words at the January 6 rally, some of Trump's followers responded to the claims of fraud
and Trump's personal attacks on Raffensperger by targeting Raffensperger and his family with
violent threats. His wife was told “ Your husband deserves to face a firing squad ” He himself
was told, “ You better not botch this recount your life depends on and that he and his
family should be put on trial for treason and face execution . ”
51. In Decemberof2020, TrumppressuredGeorgia GovernorBrian Kemp to hold a
special sessionofthe legislatureto appoint electors who wouldcast electoralvotes for Trump.
52 .
That same month, Trump called the Chief Investigator for the Georgia Bureau of
Investigations, which was conductingan audit of signatureson absentee ballots. Trump
implored the investigator to “find the fraud” and told him that he would be a “ national hero” if
he was successful in doing so

.
53 .
On January 2 , 2021, just days before Congress was set to certify the Electoral
Collegevotes, PresidentTrump initiateda conversationwith Raffenspergerabout the alleged
massive voter fraud in Georgia. The next day, Trump made many misrepresentations about that
conversationto sway public opinion, includingthat Raffenspergerhad “ no clue” about a number
of alleged voting irregularities in the state The media, however, obtained and released an audio
.
recording of that call. It showed Trump browbeating Raffensperger to find enough evidence of
fraud to change the state's election result. Trump claimed that Raffensperger was aware of
election fraud — telling him you know what they did and you're not reporting it. ” Trump told
14
Raffensperger that he had won the state of Georgia. Trump made an explicit request to
Raffensperger
: “ I just want to find 11,780 votes, which is one more than we have.”
54. There were no electionirregularitiesin Georgiasufficient to change the final
Presidential vote count in that state . Joe Biden won the Presidential vote in Georgia.
55. In addition to Michigan, Pennsylvania, and Georgia , Trump took aim at officials
in other Republican-ledjurisdictions for the same reasons.
56. Trump's claims ofwidespreadfraud and election - riggingwere rebukedby
numerousexecutiveagencies, includingthe FederalBureauof Investigation, the Departmentof
Justice, and the Department of Homeland Security. " Trump lashed out at them as well,
berating them for their refusal to address “the biggest SCAM in our nation's history.” Trump
coupled this messagewith a call to action on January6 :
DonaldJ. Trump
@realDonaldTrump
The “ Justice Department and the FBI have done nothing

about the 2020 Presidential Election Voter Fraud, the
biggest SCAM in our nation's history, despite
overwhelming evidence. They should be ashamed.
History will remember. Never give up. See everyone in
D.C. on January 6th.
8:14 AM 26, 2020
57. On January 5 , the night before the rally, Trump tweeted about the thousands of
people flooding D.C. who did not want to see the country “ stolen ” by “ Radical Left Democrats:
11
https://www.brennancenter.org/our-work/research-reports/its-official-election-was
secure
15
Donald J. Trump
@realDonald Trump
Washington is being inundated with people who don't

want to see an election victory stolen by emboldened
Radical Left Democrats . Our Country has had enough ,
they won't take it anymore ! We hear you ( and love
you ) from the Oval Office. MAKE AMERICA GREAT
AGAIN !
10:05 PM , 2021
58. Then, less than 10 minutes later, he attacked the weak and ineffectiveRINO
[ Republican In Name Only ] section of the Republican Party,” threatening that the “thousands of
people pouring into D.C. stand for a landslide election victory to be stolen ” :
DonaldJ. Trump
@realDonaldTrump
I hope the Democrats, and even more importantly, the

weak and ineffective RINO section of the Republican
Party, are looking at the thousands of people pouring into
D.C. They won't stand for a landslide election victory to be
stolen. @senatemajldr@JohnCornyn@SenJohnThune
5:12 PM , 2021
DefendantsConspireWith Trumpto Overturnthe Election
59. The other Defendants Brooks, Rudolph Giuliani, and Donald Trump Jr. — all
conspired with Trump, each other, others to subvert the will of the people in the 2020
election. While those efforts culminated with the attack on January 6, they began long before
then
RudolphGiuliani
60. Rudolph Giuliani spearheaded another arm of Trump's efforts to subvert the
election: the numerouschallengesin the courts. He led a legal team that eventuallyfiled 62
lawsuits seeking to undo the election results, all in key battleground states .
16
61. Virtually all those lawsuits were rejected outright . Judges appointed by
Republicans and Democrats— including those appointed by Trump himself determined the
claims brought by Giuliani and the others were baseless. Judges derided the allegationsin these
suits as withoutmerit” and “ flat-out wrong. One judge opinedthat what would “ undermine
the public'strust inthe election ” was not the allegedmassivefraud Trump alleged, but the
Court overturningthe results of a landslideelectionbased on no evidence ofsystemic
wrongdoing at all:
The last wall': How dozensofjudgesacrossthe " not credible .”

Washington politicalspectrum rejectedTrump'seffortsto
overturnthe election without merit
Post
2010
NEWS GOP
Nothingbutspeculation andconjecture swatsdown basedon nothingbutspeculation
lawsuit to decertify Biden's Michigan win
Federal Judge Tears Apart

URBAN flat- out wrong.
MILWAUKEE Election Lawsuit
AP Trumpthoughtcourts were keytowinning. ignore the will of millions of voters

Judges disagreed.
"Grantinginjunctivereliefherewouldbreedconfusion,underminethe
Trump Election Lawsuit Against
Forbes BradRaffensperger, Brian Kemp public's trust in theelection, andpotentiallydisenfranchiseof millionsof
Fails In Georgia Georgiavoters
62. In December 2020, Giuliani, who was not a government official, tried to convince
acting Deputy Secretary of Homeland Security Ken Cuccinelli to have the Department of
HomelandSecurityillegally seize voting machines. The Deputy Secretary refusedto do so.
63 While he was baselesslyseekingto undo the electionin the courts, Giulianiwas
also repeatedly spreading Trump's unsubstantiated claims of massive voter fraud through
traditional and social media.
64 Focusing on the Defendants' final means of subverting the election blocking
certificationofPresident victory Giulianiadvancedthe argument that Vice President
17
Pence couldunilaterallyblock certificationof the ElectoralCollege vote, a positionalmost
universallyrejected by legal scholars, and by Vice PresidentPence himself.
65. At 6:34 p.m. on January 5 , Giuliani tweeted a link to a YouTube video from his
show “Common Sense ” entitled “Watch this Before January 6th video purported to
explain why it was permissible for Vice President Pence to block certificationofthe Electoral
Collegevote the next day. Giulianitweeteda retweet ofthat post later that nightand againthe
followingmorning, shortly beforeTrump spoke at the rally.
66.
A little over an hour later, on January 5 at 7:44 p.m., Giuliani made clear that he
wouldbe at the rally. He also volunteeredthat PresidentTrump would“ be joining us ” there.
67. As recounted below, Giuliani would tell the crowd at the rally the next day that it
was perfectly legal for Vice President Pence to block certification of the vote- even though
most experts disagreed — and he suggested that Pence's failure to do so would be an act of
cowardice, if not outrighttreason. He then told the rally- goers, shortly before many of them
stormed the Capitol, that it was time for “trial by combat.”
Donald Trump Jr.
68. In the weeks before the January 6 rally, Donald Trump Jr. repeatedly spread his
father's baseless claims of massive, widespread voter fraud .
69. For example, on November6 , DonaldTrump Jr. tweeted:
Donald Trump
@Donald
WhenAmerica sees everythingwe are uncoveringthey

will be disgustedand even the media won't be ableto
pretendvoter fraud isn't real.
Ending this crap once and for all will be fundamental to

preserving our republic and faith in democracy .
4:48AM 6 , 2020 Twitterfor iPhone
45.6K Retweets 8.8K Quote Tweets 142.4K Likes
18
70. As early as November 18, an analysis commissioned by ABC News confirmed
that “[f ] alse and misleading election-related claims , already running rampant on social media in
the wake of this year's race, were given an exponential boost in exposure after they were shared
by Donald Trump Jr. and Eric Trump . Trump Jr. understood this to be the case and
intentionally spread the misleading claims with the intent of raising their public profile.
71. Trump Jr. did these things in an effort to overturn the 2020 Presidential election
results and to aid the other Defendants ' efforts to do the same.
72 Uponinformationand belief, Trump Jr. continuedto spread such claims through
January 6. Hehas since deleted numerous social mediaposts relatedto the events of January 6 ,
including all his Twitter posts prior to January 28 , 2021.
73 . Trump Jr. also repeatedly criticized “weak Republicans” and “ radical left
13
Democrats” as making the cover-up of this alleged massive voter fraud possible.
74 . On January 5 , DonaldTrump Jr. shared a video on Instagramwith a callto “ Be
Brave. Do Something. "
BREAKING
To
have that
BE BRAVE DO
not on the up
12
See Catherine Sanz, “Eric Trump, Donald Trump Jr. amplified claims of election fraud,
analysis shows,” ABCNews.com (Nov. 18, 2020), available at
https://abcnews.go.com/Politics/eric-trump-donald-trump-jr-amplified-claims
election /story ?id = 74261329.
13
See https://www.instagram.com/p/CHQANEVlj6i/?hl=en
19
75 . Trump Jr. did these things in an effort to overturn the 2020 Presidential election
76 The day before the rally, Trump Jr.'s girlfriend, Kimberly Guilfoyle, spoke with
“ Stop the Steal” organizer Ali Alexanderwho relayed “ The president'smoodis he's in fighter
mode and today will determine which Republicans are going to suffer his wrath going
forward.
77. As recountedbelow, when Trump Jr. spoke at the rally the next day, he would
again attack “ radical Left Democrats” and “ weak Republicans

, ” and again claim that the
election had been stolen from his father and the American people.
Mo Brooks
78 On November5 long before any evidence of alleged widespreadfraud could
possibly have been obtained, but the same day that Trump addressed the nation about the
alleged massiveelectionfraud that did not exist Brooks tweeted that he “ lack [ ed ] faith that
this was an honest election .” He said that , as a House member, he would be “very hesitant to
certify the results of this election ifJoe Biden wins
Mo Brooks
@RepMoBrooks
As a U.S. House member, I'm going to be very hesitant

to certify the results of this election if Joe Biden is
declared the winner under these circumstances b / c
lack faith that this was an honest election. Listen to my
interview on where explain why
.
Congressman Mo
on WVNN's " Afterno
with Yaffee & LT
8:35
7:00PM 2020.TwitterMediaStudio
,
14
https://www.mediamatters.org/january-6-insurrection/stop-steal-organizer-ali-alexanders
pre -january - -calls - violence -weve -got
20
79. Brooks separately tweeted that day, “Count Every LEGAL Vote!,” same
phrase Trump would use in his national address later that day :
Mo Brooks ...
@RepMoBrooks
Count every LEGAL vote !

McAfee
4:22 PM 5, 2020 Web App SECURE
80. On November 18, Brooks previewed the Defendants endgame should their other
efforts fail, retweetinga journalist who quoted him as saying that Congresscan reject the
electoral college votes “ of any state
Brooks Retweeted
JanJekielek
" Congress has the absolute right to reject the submitted

electoral college votes of any state..." @RepMoBrooks
told me
And I'm not goingto put my name in supportof any

state thatemploysan electionsystemthat I don't have
confidencein."
Congress Has Absolute Right to Reject a State's Electoral College V...

Rep Mo Brooks ( R - Ala .) said that the final outcome of the presidential election
.
may be decided according to ...

theepochtimes.com
O
5:43 PM 18, 2020 for iPhone
81. On November 19— the same day that that Trump personally pressured Michigan
15
elected officials Brooks reiterated that “ Congress controls who becomes president. ”
15
https://www.youtube.com/watch?v=_cdumF-uORw&list=PLKDmlnJ92oevVohc
Zd
21
82. One week later, on November27, Brooksproclaimedthat “ Joe BidenDIDNOT
win lawfulvote majority inGeorgia” and that Congress shouldreject its electoralvotes:
Mo Brooks
@RepMoBrooks
IMHO , Joe Biden DID NOT win lawful vote majority in

Georgia .
Per its right & duty, Congress should reject any Georgia
submissionof 16 electoral college votes for Joe Biden .
That is EXACTLYwhat I hope to help do.
See below lawsuit for more! SORDID!
docdroid.com/e3rhDCz/compla ...
Election officials have certified Joe Biden as the winner of the U.S. Presidential
election
McAfee
11:14 AM 27 , 2020 Twitter for iPad SECURE
83. Brooks did these things inan effort to overturnthe 2020 Presidentialelection
84. Brooks posted on Twitter that Trump personally had invited Brooks to speak on
January 6 abouthow “ Socialist Democrats” had managedto “ steal this election ” ( Brooks
identifiedTrump by tagging Trump's personalTwitter account) :
Mo Brooks
@RepMoBrooks
BIG DAY: speak at tomorrow's #StoptheSteal rally @

7:50 am CT. @realDonald Trump asked me personally to
speak & tell the American people the election
system weaknesses that the Socialist Democrats
exploited to steal this election . Watch :
youtube.com/watch?v=HrGJfQ
9:57 PM Jan , 2021 Twitter for iPhone
22
As recounted below, Brooks told the attendees at the rally that their country was literally being
taken from them , that the scale of wrongdoing was of historical proportions, that it was time to
start kickingass,” and that the individualswho were there that day had to be ready to perhaps
sacrifice even their lives for their country .
85. Brooks said all these things solely in his personal capacity for his own benefit
and/ or personalpartisanaims.
Trump's Call to “ Be There, will be wild ! ”

Is UnderstoodAs a Call to Violence
86 . On December 19, 2020, after the ElectoralCollege hadvoted to elect Joe Biden
President , then -losing -candidate Trump promoted a “ [b ]ig protest on January 6. He told his
followers to “ Be there , will be wild !” :
Donald J. Trump
@realDonaldTrump
Peter Navarro releases 36- page report alleging

election fraud 'more than sufficient to swing victory
to Trump washex.am/3nwaBCe. A great report by
Peter. Statistically impossible to have lost the 2020
Election. Big protest in D.C. on January 6th. Be there,
will be wild !
This claim about election fraud is disputed
6:42 AM December 19, 2020
87. ParticularlyconsideringTrump's prior directive to a white supremacist group
the Proud Boys— to “ stand by,” Trump's tweet claiming that it was “ statistically impossible to
have lost the 2020 Election ” was accurately understood by his followers to be a signal that the
country had fallen , and a call to violence in response.
88 For example, within minutes of Trump's wild ” tweet, it was shared on
TheDonald.win with the title : “ Trump Tweet. Daddy Says Be in DC on Jan 6. One user
23
“ EvilGuy, ” said, inresponseto Trump's call to action, “ I will be opencarrying and so will my
friends . We have been waiting for Trump to say the word There is [ sic] not enough cops in
.
DC to stop what is coming.”
AA thedonald.win
Win Sign
EvilGuy7 days ago 142 -3
139
Not telling you what to do but I will be
opencarrying and so will my friends. We
have been waiting for Trump to say the
AllPosts word .
TRUMP TWEET. DADDYSAYS There is not enoughcops in DC to stop

21169
BE IN DC ON JAN. 6TH what is coming.
twitter.com Tweet
permalink parent save report block reply
posted daysago by
Lara ago
DonaldJ. Trump 61
@realDonaldTrump I have beenwaiting for this, he called
Peter Navarro releases 36 -page report on us we the people, patriots, never
alleging election fraud 'more than give up. Fightlike Trump if fighting for
sufficient to swing victory to Trump generations to come
washex.am/3nwaBce . great report by permalink parent save report block reply
Peter. Statistically impossible to have lost
the 2020 Election. Big protest in D.C.
UncontrollableQueef7 days ago +48
January 6th. Be there will be wild !
Same here. Itisour constitutionalright
to do so regardlessof what any mayor
says.
permalink parent save report block reply
ArchbishopofKekistan 7 days ago +

Not to mention National Guard would
find it difficult to fire on non violent
89 . Other responses were in a similar vein . MrMcGreenGenes wrote “Well, shit.
We've got marching orders bois.” (“ Bois” is a likely reference to the “ Bugaloo Bois” a right
wing extremist group.) Buttfart88 similarly understoodTrump'stweet as “marchingorders. ”
MrMcGreenGenes 558 points 2 hours ago +559

Well , shit . We've got marching orders, bois.
24
Buttfart88_25 points 2 hours ago +25

Trump just finally dropped the marching order at 1:00 in the morning. Holy shit
NamelessKing understood Trump's tweet as a call to bring weapons to D.C. on the
same day Congresswas to certify the ElectoralCollege vote:
NamelessKing points 2 hours ago
"WillBe Wild" is a hiddenmessagefor us to be prepared ....as in armed
could also mean he's posted military in certain places while they all wait for the results to be handed down
.
Pepe VsCommies took this as signal to use “ any means necessary ” :
Protestin DC on Jan 6 Let's all turn up and show them they can'tsteal the election!!!Trumptweets: Bethere willbewild"
posted1 hourago by Pepe VsCommies+ 118 /
WE NEED TO MAKE OUR VOICES HEARD using any means necessary !!!
Perhaps most tellingly, andjustinkayz understood Trump's
tweet as a call to do exactlywhat the rioters did—“burst into [the Capitol

] by the thousands.
SWORDOFLIBERTY2 points 9hours ago +27

matter ifthey steal the election, ifpatriotsburst intothe building by the thousands and cut the heads off the hydra.
They makethe wrong choice with thousands of armed pissed patriotsoutside,they made their choice, and you have to make yours .
justinkayz 1point5 hours ago +1/

Storm the People'sHouse andretake it from the fuckin' commies
Others discussed shooting police officers and bringing weapons.
loveshock3 points 1 hour ago +7
Cops don't have " standing " if they are laying on the ground in a pool of their own blood.
BathouseBarry_2 points 18 minutes ago +27
And we will be armed , and we won't leave .
25
90 . Trump intendedhis supporters to interprethis “ will be wild ” tweet as a call to
violence, and he knew they had done just that.
91. Some of supporters engaged with him on Twitter about their plans to be
a part ofhis “ Cavalry. ”
DonaldJ. Trump @realDonald... 1h

womenforamericafirst
A greathonor! WashingtonDC
Jane Kremer @K... 12/19/20 womenforamericafirst ARE

ON OUR WAY MR. PRESIDENT !
The calvary is coming, Mr. President !
#MarchForTrump
TrumpMarch.com
JANUARY 6th Washington, DC
TrumpMarch.com
darkscifiangelFightingfor
Trump Fightingfor America
#MarchForTrump#StopTheSteal likes Reply
Show thread sheliaroberts486 CANT WAIT

TO SEE THE CROWDS !
MARCH for Reply
TRUMP
JANUARY
likes
WASHINGTON , DC
JANUARY
1
THEPRESIDENT CALLINOONUSTO COME
BACK TO WASHINGTON ON JANUARY
FOR A PROTEST THERE WILL WILD
Add a comment...
TRUMPMARCH.COM
92. Similarly, on Facebook, many planned violence on January 6 in response to
Trump's tweet. For example, one California group built on “ Trust, Dedication, and Survival”
promoted “Operation Occupy the Capitol” on January 6 tagging the post #wearethestorm and
# 1776Rebels
16
See generally https://www.techtransparencyproject.org/articles/capitol-attack-was
months making - facebook
26
20+
Q Search Facebook
TakeAmerica Back. California

Chapter
+ Invite
Privategroup members
About Discussion Announcements Rooms Members Events Media

Topics
About
December23 , 2020 at5:25 PM
A groupdedicatedto preservingthe American
OCCUPYTHE CAPITALJANUARY6 2021
,
way of life. We are builton trust dedication
and survival .
email takeamericabackca@yahoo.com
:
Operation Occupy The Capitol parler Takeamericabackca SeeLess
:
Taking back our country from corrupt politicians
Jan , 2021 Only members can see who's inthe group
and what they post .
All 50
12:00
pm
1776
Anyone can find this group .
California
We people are the of courts
the Constitution but to the Constitution
General Group
#WeAreTheStorm # Rebel #OccupyCapitols
DO 30
Like
93 . One conspiracytheorist, and Trump supporter, tweeted that he was ready to die
for Trump. The Arizona Republican Party retweeted his message, asking its followers He is
[ready to die for Trump Are you?
94. In response to Trump's tweets calling people to Washington , on January 6,
militia groups also began to strategize an assault on the Capitol by sharing maps of the Capitol
and coordinatingsupplies and outfits to wear.
95. Three Percenters were one of these militia groups , and indeed many of its
members were among those who stormed the Capitol on January 6 .
See https://www.washingtonpost.com/politics/2021/01/06/lets-have-trial-by-combat
17
how -trump-allies-egged violent-scenes -wednesday and

https://twitter.com/AZGOP/status/1336186861891452929?ref_src=twsrc%5Etfw
27
96 Trump Jr. previously has showed support for the Three Percenters. In May 2019,
he posted a picture on Instagram showing himself in a t - shirt with the Three Percenters logo18
prominently displayed.
donaldjtrumpir Follow
donaldjtrumpjr day on the

water yesterday with
@kimberlyguilfoyleand
@guideroblewis. Big fish and lots of
them with some epic dry fly action
along the way despite some rather
heavy showers. #flyfishing #dryfly
#fishing #trout #outdoors
91w
60,032 likes
MAY 27 2019
Log in to like or comment.
18
https://www.adl.org/resources/backgrounders/three-percenters
28
DefendantsInciteViolence at the Rally
97. The rally on January 6 was organized and funded by Trump's campaign
organization, Donald J. Trump for President (“ the Campaign”) . The Campaign paid an entity
called Event Strategiesto obtain the permit for the rally. The permit for the rally listed the
Campaign’sdirector of finance operationsas the “ VIP Lead” for the rally.
98 At 10:00 p.m. on January 5 , Trump put down his final marker as a losing
candidate, declaring that Vice President Mike Pence had the authority to overturn the election
results and hand him a victory :
Donald J. Trump
@realDonald Trump
If Vice President @Mike_Pence comes through for us, we will

win the Presidency. Many States want to decertify the
mistake they made in certifying incorrect & even fraudulent
numbers in a process NOT approved by their State
Legislatures (which it must be) . Mike can send it back !
This claim about election fraud isdisputed
10:00 PM , 2021
169.4K 100.1K people are Tweeting about this
99. Trump's tweet was intendedto convincethe tens of thousands of supporterswho
had traveledto D.C.for the rally that Vice PresidentPence was uniquely situated to save
Trump'spresidency.
100. By the morningofJanuary 6 , thousands of Trump supportershadflooded
Washington, D.C. Many were preparedfor violence and had plans to attack the Capitol. Many
more were there for a political rally. The extremists who had been plotting the attack breached
the Capitol as planned. The Defendants, and others , incited many of the other attendees to
29
violence, whippingthem into a frenzy and turning them into a violent mob that participatedin
the attack
101. The rally opened at 7:00 a.m. on January 6. From that time until shortly after
1:00 p.m., a series of speakers took the stage to lash out against the election results and to
demand action by lawmakers from both political parties.
102. The Defendants and others spoke at the rally.
103. Amy Kremer, the head of the group Women For America First one of the rally’s
principalorganizers— told the crowdthat Trump “ asked us to show up today, and I don't think
he's going to be disappointed.” She repeated the lie that President Biden “ did not win this
election !” “ We know that there was voter fraud, we absolutely know it, ” she went on “and
that's why we're here, to stop the steal. ” She spoke of the crowd's role in apocalyptic terms:
“ This isn'tabout stealing an electionfrom DonaldTrump, this is about stealingan electionfrom
We the People, and we are here to save the republic. ” “ You guys,” imploredthem, “ we
cannot back down.” The crowd cheered in response .
104. Trump and Trump Jr., standing backstage, heard Ms. Kremer say all those things
to the crowd, includingthat they literally were there to “save the republic” and not to back
down, and heard the crowd cheer in response.
105. Mo Brooks also addressedthe crowd at the rally, after Kremerhad spoken. The
theme of Brooks speech was that patriots are sometimesrequiredto make extraordinary
sacrifices for their country , and that day, January 6 , was one such occasion.
106. Brooks told the crowd, just one minute into his speech, “ We are great because our
ancestors sacrificed their blood, their sweat , their tears , their fortunes, and sometimes their
30
Case 1:21-cv-00586 Document 1 Filed 03/05/21 Page 31of 65
lives.” He continued that the country faced a crisis of historical magnitude, its greatest crisis
since World War II, and perhaps even the Civil War:
We are here today because America is at risk unlike it has been in

decades, and perhaps centuries.
107. He told the crowd that “Socialist Democrats” were attacking their freedoms and
had literally stolen an election from them, and now had to be stopped:
We are not gonna let the socialists rip the heart out of our country.
We are not gonna let them continue to corrupt our elections and
steal from us our God-givenright to control our nation’sdestiny.
108. And he told the crowd, before repeating his theme, that it was time to start
“kicking ass”:
Today is the day American patriots start taking down names and
kicking ass! [Crowd cheers.] Now, our ancestors sacrificed their
blood, their sweat, their tears, their fortunes, and sometimes their
lives, to give us, their descendants, an America that is the greatest
nation in world history. So I have a question for you: Are you
willing to do the same? My answer is yes. Louder! Are you willing
to do what it takes to fight for America? Louder!! Will you fight
for America?!
109. Brooks said all those things solely in his personal capacity for his benefit and/or
his personal partisan aims.
110. Trump and Trump Jr., standing backstage, heard Brooks say all those things to the
crowd, and heard the crowd cheer in response.
111. Giuliani also spoke at the rally, after Brooks and Kremer had spoken. He told the
crowd, falsely, that it was “perfectly legal” for Vice President Pence unilaterally to block
certification of the Electoral College votes, suggesting to the lay crowd that any failure by Vice
President Pence to do so could have no legitimate constitutional basis, but instead would amount
to cowardice and even treason.
31
112. To further foment the crowd, Giuliani confirmed the magnitude of what it would
mean for certification to occur:
This has been a year in which they have invaded our freedom of
speech, our freedom of religion, our freedom to move, our freedom
to live. I’ll be darned if they’re going to take away our free and fair
vote. And we’re going to fight to the very end to make sure that
doesn’t happen.
113. Giuliani also falsely claimed, “This was the worst election in American history.”
“This election was stolen,” he said, and “it has to be vindicated to save our country.”
114. Giuliani, who had led Trump’s string of unsuccessful efforts to block certification
in courts of law, declared instead, “Let’s have trial by combat.” The crowd cheered.
115. Trump and Trump Jr., standing backstage, heard Giuliani say those things, and
heard the crowd cheer, particularly in response to his statement advocating “trial by combat” as
the way forward.
116. Donald Trump Jr. also spoke at the rally, after Giuliani, Brooks, and Kremer had
spoken. Like the others, Trump Jr. falsely told the crowd that the election had been stolen from
his father. In what should have been a sign of how the crowd was receiving the Defendants’
claims and allegations, spontaneous chants of “Fight for Trump! Fight for Trump!” rose up as
Trump Jr. lambasted the alleged “glaring inconsistencies” and “statistical impossibilities” that
allegedly had made President Biden’s win possible.
117. Trump Jr. also said the assembled crowd “should be a message to all the
Republicans who have not been willing to actually fight. The people who did nothing to stop
the steal. This gathering should send a message to them: this isn’t their Republican party
anymore. This is Donald Trump’s Republican party.”
32
118. Trump Jr., knowing full well how his father had attacked Vice President Pence in
recent days for his intended refusal to block certification, went on to blast other Republicans
who refused to fight for his father:
This is the Republican party that’s not just going to roll over and die
because the Democrats would like you to. That is what so many in
the Republican establishment have created. That sort of mentality:
Ok, we’ll turn the other cheek. We’ll roll over and die. We’ll fold
and give up. No more! So to those Republicans—many of which
may be voting on things in the coming hours—you have an
opportunity today. You can be a hero, or you can be a zero. And
the choice is yours, but we are all watching!
119. Trump Jr. concluded by stating, “If you’re gonna be the zero, and not the hero,
we’re coming for you, and we’re gonna have a good time doing it.” The crowd cheered in
response.
120. Trump, standing backstage, heard Trump Jr. say those things, and heard the crowd
cheer in response.
121. Donald Trump was the final speaker at the rally. He began his remarks at
approximately 12:00 p.m. and concluded around 1:15 p.m., just after the first skirmishes
between insurgents and Capitol Police officers were breaking out at the Capitol.
122. In his remarks, Trump said “We took them by surprise and this year, they rigged
an election. They rigged it like they’ve never rigged an election before.”
123. Trump continued that “Hundreds of thousands of American patriots are
committed to the honesty of our elections and the integrity of our glorious Republic. All of us
here today do not want to see our election victory stolen by emboldened radical left Democrats,
which is what they’re doing and stolen by the fake news media. That’s what they’ve done and
what they’re doing. We will never give up.”
33
124. Trump also said “We will never concede, it doesn’t happen. You don’t concede
when there’s theft involved. Our country has had enough. We will not take it anymore and
that’s what this is all about. To use a favorite term that all of you people really came up with,
we will stop the steal.” In referring to “the steal,” Trump meant the certification of Joseph
Biden as President, which was underway at the Capitol.
125. As the crowd chanted “Fight for Trump,” Trump responded, “we will not let them
silence your voices. We’re not gonna let it happen.”
126. Trump gave the crowd permission to break the rules; he told them that “[w]hen
you catch somebody in a fraud, you’re allowed to go by very different rules.”
127. While Trump was speaking, at around 12:45 p.m., a pipe bomb was found at the
Republican National Committee headquarters. Another was found at the Democratic National
Committee headquarters about thirty minutes later.
128. Trump continued to incite the crowd. Trump concluded his speech by reminding
the crowd that they’ll “never take back our country with weakness. You have to show strength,
and you have to be strong.” He told the crowd to “walk down Pennsylvania Avenue. I love
Pennsylvania Avenue. And we’re going to the Capitol … But we’re going to try and give our
Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to
try and give them the kind of pride and boldness that they need to take back our country.” The
crowd cheered in response.
34
" And we fight. We fight

like hell. And if you don't
fight like hell, you're not
going to have a country
anymore never
take back our country with
weakness. You have to
show strength, and you
have to be strong."
Donald Trump Jr. , standing backstage , heard Trump say those things , and heard the crowd cheer
in response.
Violence Starts at the Capitol
129. Trump and the other Defendantshad put out a clear callto action, and the crowd
responded. As Trump was instructing them to go to the Capitol, insurgents were already forcing
their way throughbarricades

, attemptingto breach the building, while blastingTrump's speech
on a bullhorn.
130. The violence escalated quickly. Trump's speech ended, insurgents charged
the hill surroundingthe Capitol and began scaling the building'souter walls. Officersreported
that rioters were attackingthem with metal poles. Law enforcementand local leaders put out
calls for help. Officers called for reinforcements as the mob pulled down the gates erected to
protect the Capitol, attackedofficers, and startedthrowingexplosives
131. At 1:34 p.m., the House Sergeant at Arms and D.C. Mayor Muriel Bowser both
asked for backup
132. At around 1:45 p.m., frenzied Trump supporters surged passed Capitol Police
officersprotectingthe Capitol's steps. By 1:49 p.m., the situationhad gotten so volatile
35
that the Capitol Police requested the assistance of the National Guard. One officer declared ,
“ We're going to give riot warnings. We're going to try to get compliance. But this is now
effectively a riot.”
133. Meanwhile, Trump stood by, encouraging the mob to continue the violence. At
the same time the mob was declared a riot, Trump tweeted his entire speech from the rally:
Donald J. Trump
@realDonald Trump
https://t.co/izitBeFE6G
LIVE: SAVEAMERICAMARCH IN WASHINGTON, D.C.

SON - JAN WALTERS JANA LYNNBAILEY,
1:49 PM Jan 6 , 2021
134. About half an hour later, at 2:12 p.m., insurgents breached the Capitol. They
brokewindows using riot shields and poles, climbed into the building, and opened the doors for
the mob to storm the interiorof the Capitol

. Some of those insurgentswere in helmets and full
tactical gear; others carried baseballbats, Trump flags, hockey sticks, and crutches; they had
flex cuffs and climbing gear; some were equipped with their own radio system; others, stun
guns and explosives:
36
135. As the mob was running rampant through the Capitol, Secret Service ushered
Vice President Pence off the Senate floor. The mob chanted, “Hang Mike Pence! ” Insurgents
outside the Capitol erected a noose and gallows :
136. The mob specifically targeted other elected officials as well . Armed and
organized insurrectionists trained their sights on Speaker of the House Nancy Pelosi. They
sought her out on the House floor and in her office — which they ransacked terrorized her staff,
and publicly declared their intent to kill her. Capitol Police officers were forced to quickly
evacuate Speaker Pelosifrom the House Rostrum .
137. By 2:20 p.m., Capitol Police announced that the Capitol had been breached and
was on full lockdown. MembersofCongresstrapped inside the House, includingthe Plaintiff
here, were instructedto put on gas masks locatedunderneaththeir seats because tear gas was
being deployedas a countermeasure
37
138. At 2:24 p.m., almost an hour after rioters descendedon the Capitol, and as they
were storming the hallways in search of members, Trump sent out a tweet with the clear intent
to further inflamethe mayhem, and which directlyimperiledhis own Vice President: “ Mike
Pence didn't have the courage to do what should have been done to protect our Country and our
Constitution.”
Donald J. Trump
@realDonald Trump
Mike Pence didn't have the courage to do what should

have been done to protect our Country and our
Constitution , giving States a chance to certify a corrected
set of facts , not the fraudulent or inaccurate ones which
they were asked to previously certify USA demands the
truth!
2:24 PM Jan , 2021
139. This tweet was repeated by rioters at the Capitol on megaphones, who understood
Trump's tweet to be encouragement to further violence.
140. In response to this tweet, members of the mob continued to chant “ Hang Mike
Pence!” and “ Mike Pence is a Bitch !” as they continued their siege .
141. At around 2:26 p.m., Trump called Senator Mike cell phone looking for
Senator Tuberville . Senator Lee handed the phone to Senator Tuberville who reported stating,
“ I lookedat phone and it said the White House on it, I said hello, the Presidentsaid a few
words. I said, President they are taking our Vice President out and they want me to get off
the phone and I've got to go.
142. In another phone call , House Minority Leader Kevin McCarthy begged Trump to
call off the rioters, pleading with him that the rioters were all Trump supporters. In response,
38
Trump told McCarthy, “ Well, Kevin, I guess these people are more upset about the election than
you are. ”
143. While the feral mob grew moreviolent, climbedover balconies, and erected
nooses in front of the Capitol, Trump's staff and advisors pleaded with him to address the nation
and put an end to the violence . At 2:38 p.m., an hour after the first breach, Trump obliged, but
stopped far short of calling off the mob or condemningthe assault that was still underway:
DonaldJ. Trump
@realDonaldTrump
Pleasesupport our Capitol Policeand Law Enforcement.

They are truly on the side of our Country. Stay peaceful!
2:38 PM , 2021 Twitterfor iPhone
144. At around 2:44 p.m., Ashli Babbit an Air Force veteran and Trump supporter,
was shot and killed by Capitol Police. By 3:00 p.m., the District issued notice of an emergency
citywide curfew to begin at 6 p.m.
145. Meanwhile, the mob inside the Capitolshouted, “ We want Trump!” The mob
continued attacking officers with a variety of munitions bottles, metal poles, bear spray,
and pepper spray . Officers reported being “flanked ” and “ los[ ing] the line. ” For hours, officers
were forced into hand - to -hand combat to prevent more rioters from entering the Capitol.
146. All these events were widely reportedinprint, television, and online media
outlets, and Trump and the other Defendantswere awareofthis coverage.
147. At 4:17 p.m., Trump tweeted a recorded video directed to his supporters as they
continued to ransack the Capitol:
39
DonaldJ. Trump
@realDonaldTrump
4:17 PM Jan , 2021
In the video , Trump told the mob , “ I know your pain, I know you're hurt, ” and repeated his lies
about a stolen election that had driven the insurgents to the Capitol in the first place . Inthe same
breath he told the mob to go home, he also said, “ We love you. very special.”
148. Predictably, just as Trump and the other Defendants had intended, the mayhem
continued. A woman was later trampled to death by rioters while the mob rushed to breach a
tunnel entrance of the Capitol.
149. At around 5:40 p.m., the police finally began to clear the Capitol, and
Congressional leaders announced they would proceed with the certification of the Electoral
College Votes. By that time, the mob had thoroughly pillaged the premises: they had shattered
windows, damaged statues , broken doors , vandalized offices, stolen laptops, shattered a mirror,
desecratedthe Speaker'soffice, and stolen the Speaker'slectern. Intotal, six people lost their
lives because of the riot, 140 officers were hurt, and scores of people were left emotionally and
physically injured, including the .
150. At 6:01 p.m., five hours after insurgents had begun their siege on the Capitol and
had threatened to kill Vice President Pence and others , Trump finally released a statement that
directly addressed the violence . Once again, however, the message fell well short of a forceful
40
condemnation or rebuke. In another recorded video, Trump said, in a chilling “ I told you so
moment, that “ These are the things and events that happen when a sacred landslide victory is so
unceremoniously & viciously stripped away from great patriots who have been badly & unfairly
treated for so long. ” He then told the membersofthe violent mob, who continuedto occupythe
Capitol and terrorize Plaintiff and other members to “ Go home with love & in peace.
Remember this day forever !”
DonaldJ. Trump
@realDonaldTrump
These are the things and events that happen when a

sacred landslide election victory is so unceremoniously &
viciously stripped away from great patriots who have been
badly & unfairly treated for so long . Go home with love &
in peace . Remember this day forever !
6:01 PM , 2021
151. Many of the rioters cited Trump himself as the inspiration for their violent
actions . example, the attorney for Jacob Anthony the “ Qanon Shaman ” ) explained that
he came as a part ofa group effort, with other fromArizona, at the request of the
President that all patriots' come to D.C. on January 6, 2021. ”
152. In doing all of that, Trump acted well outside the outer perimeter ofhis official
responsibility as president in the waning days of his term in office. His words and actions in
lying about massive, coordinated fraud, improperly pressuring state legislators to overturn
specific state results, seeking to undo such results through largely frivolous lawsuits, and in
incitinga crowd while knowingsome ofhis supporterswere willingto reactto his claims with
political violence , all were meant to serve his own partisan and individual aims.
19
https://www.washingtonpost.com/politics/2021/02/09/over-over-over-arrested-rioters
say -what - spurred -them - trump/
41
The Aftermathof the Riot
153. The reaction to Trump's words and actions was swift. That night, both Twitter
and FacebooksuspendedTrump's accounts. FacebookremovedTrump's posts, explainingthat
on balance these posts contributeto , ratherthan dimmish, the risk ofongoing violence.”
Twitter initially shut down Trump's account for 12 hours, citing “ repeated and severe violations
of [its] Civic Integrity policy. The next day , Facebook announced it would suspend Trump's
account indefinitely. Facebook CEO Mark Zuckerberg also criticized Trump for “ use of our
platformto inciteviolent insurrectionagainst a democraticallyelected government

.” One day
after that, on January 8 , Twitter permanently suspended Trump's account “ due to the risk of
further incitementof violence. ”
154. In the days that followed the January 6 insurgency, other social-media platforms
were shuttered, includingParler and “ r/ The_Donald,” a prominentcommunityon Reddit
dedicatedto Trump. Their decisions also were promptedby concerns about further incitement
of violence
155. Lawmakers from both parties also condemned Trump for his role in the violence
at the Capitol
Trump Continues to Spread Dangerous Lies

Even After the Events of January 6
156. For his part, Trump continues to recite the lie that the 2020 election was stolen
from him in an unprecedented act of fraud, even amidst reports that some of his supporters are
still intent on engaging in acts of political violence to protest the election. On February 28 , in
an address at the ConservativePoliticalAction Conference

, he spent 10 minutesof a 90-minute
20
https://www.cnn.com/2021/01/06/tech/twitter-lock-trump-account/index.html
42
speech claimingthe electionwas stolen and saying what should be done to make sure it does not
happenagain.21 He told the crowd suchthings as, “ This electionwas rigged ” “ They used
COVID as a way of cheating, ” and, “ The level of dishonesty is not to be believed.” He said
those things despite wide reporting just days earlier that supporters of his were intent on
committing acts of in connection with another political rite — President Biden's first
22
State of the Union address to Congress
157. PresidentTrump's speechmade clear he intends to continue insistingthat the
2020 election was a massive fraud that requires widespread reform . “ We can never let this or
other abuses of the 2020 election be repeated or happen again , ” he said, “can never let that
happenagain. ” And he indicatedhe may intend to pursue the purportedlyneededreformas
president : “ But who knows, who knows? I may even decide to beat them for a third time.
Okay? For a third time. ”
158. In doing all ofthat, PresidentTrump made clear he posesa risk of incitingfuture
political violence .
Trump is Impeached For His Role in the Violence
159. On January 13, 2021, then - PresidentTrumpwas impeachedfor the second time in
his Presidency by the House of Representatives . Inpart the Impeachment Resolution states :
21
The speech can be viewed at https://www.c-span.org/video/?509084-1/president-trump
addresses -cpac&live. A transcript of the speech can be found at
https://www.rev.com/blog/transcripts/donald-trump-cpac-2021-speech-transcript .
22
See, e.g., CNN.com , “ Capitol Police chief warns militia groups want to blow up the
Capitol addresss Congress ” (Feb. 25, 2021) , available at
https://www.cnn.com/2021/02/25/politics/us-capitol-attack-house-hearing-pittman
blodgett/index.html ; USAToday.com , “ Feds on guard for domestic extremists targeting Biden's
address to Congress ” (Feb.. 2021), available at
https://www.usatoday.com/story/news/politics/2021/02/26/biden-address-congress-watched
domestic -extremist -threat -feds/6835780002
43
On January 6 , 2021, pursuant to the 12th Amendment to the

Constitution of the United States, the Vice President of the United
States , the House of Representatives, and the Senate met at the
United States Capitol for a Joint Session of Congress to count the
votes of the Electoral College. In the months preceding the Joint
Session, President Trump repeatedly issued false statements
asserting that the Presidential election results were the product of
widespread fraud and should not be accepted by the American
people or certified by State or Federal officials. Shortly before the
Joint Session commenced, President Trump, addressed a crowd at
the Ellipse in Washington, D.C. There , he reiterated false claims
that “we won this election, and we won it by a landslide. ” He also
willfully made statements that, in context , encouraged and
foreseeably resulted in – lawless action at the Capitol, such as : “ if
you don't fight like hell you're not going to have a country any
more . ” Thus incited by President Trump, members of the crowd he
had addressed, in an attempt to , among other objectives , interfere
with the Joint Session's solemn constitutional duty to certify the
results of the 2020 Presidential election, unlawfully breached and
vandalized the Capitol, injured and killed law enforcement
personnel , menaced Members of Congress, the Vice President, and
Congressional personnel, and engaged in other violent , deadly ,
destructive and seditious acts .
160. The ImpeachmentResolutionwas deliveredto the UnitedStates Senate on
January 25, 2021.
161. Trial in the Senate began on February 9, 2021 and concluded four days later , on
February 13. Shortly after closing arguments, the Senate voted to acquit.
162. Although Senate Minority Leader Mitch McConnel and other Republican
Senators had voted for acquittal they were unequivocal that Trump's actions were clearly
unacceptable .
163. In a particularly sharp rebuke, Senator McConnell said of Trump's conduct:
There's no question, none, that President Trump is practically and morally

responsible for provoking the events of the day.
The people who stormed this building believed they were acting on the
wishes and instructions of their president, and having that beliefwas a foreseeable
consequence of the growing crescendo of false statements, conspiracy theories and
44
reckless hyperbole which the defeated president kept shouting into the largest
megaphone on planet Earth.
He did not do his job . He didn't take steps so federal law could be faithfully
executed and order restored. No. Instead, according to public reports, he watched
television happily happily – as the chaos unfolded . Even after it was clear to any
reasonable observer that Vice President Pence was in serious danger.23
164. McConnell continued:
President Trump is still liable for everything he did while he was in office,
as an ordinary citizen, unless the statute of limitations has run , still liable for
everything he did while in office, didn't get away with anything yet
We have a criminal justice system in this country. We have civil litigation. And
former presidents are not immune from being held accountable by either one.
165. Another prominent Republican Senator, John Thune (R -SD) , the Senate
Republican whip, when asked how Trump should be held accountable, said “ One way,
obviously, would be in a court of This suit follows.
IV.
CLAIMSFOR RELIEF
COUNT 1
Conspiracy to Violate Civil Rights ( Interference with Official Duties)
42 U.S.C. 1985( 1)
(Against allDefendants)
166. The Plaintiff re-alleges and incorporates by reference each and every paragraph of
this Complaint as if set forth here in full.
167. A violation of 42 U.S.C. 1985( 1) occurs when two or more persons conspire to
do any one or moreofthe following:
https://www.npr.org/sections/trump-impeachment-trial-live
-vote -mcconnell-torched -trump-as-practically and-morally
23
updates /2021/02/ 13/ 967701180 / after

- -
responsible for ri
24
https://www.cnn.com/2021/01/29/politics/senate-republicans-trump-impeachment
capitol -riot /index.html
45
a. by force, intimidation, or threat, any person from
accepting or holding any office, trust, or place of confidence under the United
States”
“ [prevent an official by force, intimidation, or threat from
discharging any duties thereof
c. “ induce by like means any officer of the United States to leave any
State, district, or place, wherehis duties as an officer are requiredto be
performed” ;
d “injure [an official] in their person or property on account of
[ their] lawful discharge of the duties of [ office, or while engaged in the
lawfuldischargethereof or
. “ injure [an official's property so as to molest, interrupt, hinder, or
impede [ them in the discharge of [ their official duties.”
As describedmore fully in this Complaint the Defendants

, by force, intimidation,
or threat, agreed and conspired with one another to undertake a course of action to prevent
PresidentJoseph Biden and Vice PresidentKamala Harris from being certified as the winners of
the 2020 presidential election and from accepting and/ or holding their respective offices.
169. As describedmore in this Complaint, the Defendants, by force, intimidation,
or threat, agreed and conspired among themselvesand with others to prevent membersof
Congress, including the Plaintiff, and Vice President Mike Pence from counting the Electoral
College Votes and certifying President Biden and Vice President Harris as the winners of the
2020 presidentialelection.
46
170. As describedmore fully in this Complaint

, the Defendants
, by force, intimidation,
or threat, agreed and conspired among themselves and with others to induce members of
Congress, including the Plaintiff, and Vice President Pence to leave the United States Capitol
grounds, or some part thereof, including the Senate and House chambers, while they were
performing their official duties as required by the 12th Amendment to the United States
Constitution and other federal law.
171. As describedmore fully in this Complaint

, the Defendantsamong themselvesand
with others agreed and conspiredto injure membersofCongress, includingthe Plaintiff, and
Vice PresidentPence, while they were engagedinthe lawful discharge oftheir duties to count
the Electoral College votes and certify the winners of the 2020 presidential election.
172. As described more fully in this Complaint, the Defendants among themselves and
others, conspired to injure the property of members of Congress, including the Plaintiff, to
interrupt, hinder, and impede the performance of their official duties to count the Electoral
Collegevotes and certify the winners ofthe 2020 presidentialelection.
173. As described more fully in this Complaint the Defendants made public statements
knowingly designed to undermine public confidence in the election. Such statements included
falsely claiming that the election had been “ rigged” and that fraudulent voting had been
widespreadenough to affect the outcome. These statementswere intendedto have the effect,
and did havethe effect, communicatingstrategiesfor accomplishingthe aims ofthe
Defendants illegal conspiracy to other members of the conspiracy, including the persons who
took violent action on January 6, 2021 .
174. As describedmore fully in this Complaint, the Defendantsalso encouraged,
directed, and incitedothers to confrontstate and local officials about the Defendants' false
47
claims of election- rigging and fraud . The purpose of this conduct was to build public support
for these claims. These statementswere intendedto the effect, and did havethe effect, of
communicating strategies for accomplishing the aims of the Defendants' illegal conspiracy to
other membersof the conspiracy, includingthe persons who took violent action on January 6 ,
2021 .
175. As described more fully in this Complaint the Defendants promoted, supported,
and endorseda rally near the White House on January 6 , 2021, very same day the Plaintiff
and other lawmakersparticipatedina joint session of Congressto count and certify the Electoral
College votes from the 2020 presidential election.
176. Among other purposes, the purpose of the rally was to gather a crowd in an effort
to incite them to disrupt the certification of the Electoral College votes by Congress , including
the Plaintiff, and to deny PresidentBidenand Vice PresidentHarris their respectiveoffices.
177. DonaldTrump tweeted to his supportersthat the January6 rally“ will be wild ! ”
and in fact tens of thousands of his supporters made the trip to the District to participate in the
event . Many of those supporters understood Trump's tweet to be a call to violent action to stop
members of Congress from certifying the Electoral College vote . Trump's tweets were , in
essence , an offer to join a conspiracy to disrupt members of Congress from performing their
duties By answering his call, the co - conspirators, including the other Defendants here,
.
indicatedtheir agreementto his unlawfulconspiracyto disrupt Congress and deny office to
President Biden and Vice President Harris.
178. Donald Trump Jr. addressed the large crowd at the January 6 rally. He said that
the Republicanpartywas now “ DonaldTrump'sRepublicanparty ” and it was “ notjust going to
roll over and die. ” He also told Republicans“ ifyou're gonna be the zero, and not the hero,
48
coming for you, and we're gonna have a good time doing it.” Trump Jr. intendedthese
words as a threat ofviolence or intimidationto coerce membersofCongressto disregardthe
electionresults. Each of the other Defendantswas aware ofTrump Jr.'s remarksand endorsed
and supportedthem as part of, and infurtheranceof the Conspiracy.
179. Mo Brooks addressedthe large crowd at the January 6 rally. He said “ America is
at risk unlike it has been in decades, and perhaps centuries. ” He told the crowd to start “ kicking
ass,” and he spoke with reverence , at a purportedly peaceful demonstration, of how “ our
ancestorssacrificed their blood, sweat, their tears, their fortunes, andsometimes their lives,
before shouting at the crowd “ Are you willing to do the same?!” Brooks intended these words
as a threat ofviolence or intimidationto block the certificationvote from evenoccurringand /or
to coerce members of Congress to disregard the results of the election . Each of the other
Defendantswas aware ofBrooks' remarks and endorsedand supportedthem as part of, and in
furtherance of, the Conspiracy.
180. Rudolph Giuliani addressed the large crowd at the January 6 rally. He repeated
the demonstrably false claim that Vice President Pence had the unilateral power to block
certification of the Electoral College votes. He also said they would “fight to the very end to
make sure” the electionwas not stolen, before stating “ Let's have trial by combat. ” Giuliani
intended these words as a threat ofviolence or intimidationto coerce membersofCongressto
disregard the results of the election . Each of the other Defendants was aware of Giuliani's
remarks and endorsed and supported them as part of, and in furtherance of the Conspiracy.
181. Donald Trump addressed the large crowd at the January 6 rally. He said “ they
riggedan election. They riggedit like they've never riggedan electionbefore.” He said “ We
will never concede, it doesn't happen. You don't concede when there's theft involved. Our
49
country has had enough. We will not take it anymore and that's what this is all about .” Right
before turning the crowd loose on the Capitol, Trump exclaimed, “ never take back our
country with weakness. You have to show strength, and you have to be strong. ” Trump
intended these words as a threat of violence or intimidation to coerce members of Congress to
disregard the results of the election. Each of the other Defendants was aware of Trump's
remarksand endorsedand supportedthem as part of, and in furtheranceof the Conspiracy.
182. Each of the Defendants was aware of each other's incendiary remarks at the
rally — and other, similar statements — and endorsed and supported them as part of, and in
furtherance of, the Conspiracy .
183. Under , any “ party so injured or deprived ” as a result of acts committed in
furtherance of the conspiracy may have an action for the recovery of damages occasioned by
such injury or deprivation against any one or more of the conspirators .
184. The Plaintiffhereis a “ party so injuredor deprived” by acts committedby the
Defendants in furtherance of the conspiracy.
COUNT 2
Neglect to Prevent Interference with Civil Rights
42 U.S.C. 1986
(Against all Defendants)
185. The Plaintiffre-alleges and incorporates by reference each and every paragraph
of this Complaint as ifset forth here in full.
186. It is a violation of 42 U.S.C. 1986 for any person with “ knowledge that any of
the wrongs conspired under ] to be done ... are about to be committed,” and, while
having power to prevent or aid in preventing the commission of same, neglects or refuses to
do so .
50
187. No later than January 6, 2021, as described more fully in this Complaint, the
Defendants, by force, intimidation, or threat, conspired to prevent President Joseph Biden and
Vice President Kamala Harris from being certified as the winners of the 2020 presidential
election and from accepting and/or holding their respective offices.
188. As such, the Defendants knew that wrongs conspired to be done were about to be
committed—namely, by the Defendants themselves and their supporters.
189. The Defendantscommanded the attendance of tens of thousands of individuals at
the rally in the District on January 6, 2021 for the purpose of coercing members of Congress to
disregard the election results, and further incited thousands to violently storm the Capitol
building shortly thereafter.
190. Moreover, when it was clear that rioters had stormed the Capitol, and Congress
was unable to certify the results of the Electoral College vote, the Defendants had the power to
stop the rioters but refused and, instead, encouraged them.
191. The power to intentionally provoke the wrongs at issue a fortiori includes the
power to prevent or aid in preventing the same, and the Defendantschose not to do so in
violation of 42 U.S.C. § 1986.
COUNT 3
NegligencePer Se
(Violationof D.C.Code §§ 22-1322 – Incitementto Riot)
(Againstall Defendants)
193. D.C. Code § 22-1322 makes it a criminal offense to “willfully incite[] or urge[]
other persons to engage in a riot.” D.C. Code § 22-1322(b). The statute defines a “riot” as “a
public disturbance involving an assemblage of 5 or more persons which by tumultuous and
51
violent conduct or the threat thereof creates grave danger of damage or injury to property or
persons.” D.C. Code § 22-1322(a).
194. Section 22-1322, on its face, is a statute designed to promote public safety.
195. Under District of Columbia law, statutes designed to promote public safety can
establish a standard of care for a tort claim, such that their violation can amount to negligence
per se.
196. The Defendantsviolated that statute through their willful conduct by, among other
things:
a. insisting for several weeks that the country was no longer a functioning
republic, but instead was literally being seized in a massive, coordinated act of
fraud;
b. repeating those same falsehoods to the assembled crowd on January 6;
c. then—while knowing the propensity of some of Trump’s supporters to engage
in political violence—saying the following highly inflammatory things,
among others:
i. it was time to “start taking down names and kicking ass,” they must be
willing to sacrifice “their blood, their sweat,” and maybe even “their
lives”;
ii. “the fight begins today”;
iii. it was time for “trial by combat”;
iv. “we’re coming for you”;
v. “you’re allowed to go by very different rules”; and
vi. “you have to show strength.”
52
197. The Defendants, in short, convinced the mob that something was occurring that—
if actually true—might indeed justify violence to some, and then sent that mob to the Capitol
with violence-laced calls for immediate action.
198. Trump further demonstrated his willfulness in inciting the riot by refusing to call
it off for hours as it wreaked havoc, even telling Representative Kevin McCarthy that the
rioters’ actions proved they simply cared more about the election that he did. When Trump did
finally address the mob, he did so intentionally in highly equivocal language that largely praised
them and blamed the riot on the alleged election fraud.
199. As described, the Plaintiff was harmed by the rioting mob the Defendantsincited.
200. The Defendantsare therefore liable to the Plaintiff for negligence per se, and for
all damages arising therefrom.
COUNT 4
NegligencePer Se
(Violationof D.C.Code § 22-1321(a)(2)– DisorderlyConduct)
202. D.C. Code § 1321makes it a misdemeanor to “incite or provoke violence where
there is a likelihood that such violence will ensue.” D.C. Code § 22-1321(a)(2).
203. Section 22-1321, like Section 22-1322, is a statute designed to promote public
safety.
204. Under District of Columbia law, statutes designed to promote public safety can
establish a standard of care for a tort claim, such that their violation can amount to negligence
per se.
53
205. For all the reasons identified in Count 3, the Defendantsviolated D.C. Code § 22-
1321.
206. The harms that resulted from the Defendants’ violation is precisely the kind of
harm that Section 22-1322 is designed to prevent.
207. The Defendantsare therefore liable to the Plaintiff for negligence per se, and for
COUNT5
Bias-relatedCrimes
(IncitingAssault,Incitingto Riot,DisorderlyConductand Terrorism)
D.C.Code §§ 22-404,22-1805,22-1321,22-1322(c),22-3152,22-3153,22-3704
209. D.C. Code § 22-3704 provides a “civil cause of action” for victims of bias-
motivated crimes, “[i]rrespective of any criminal prosecution or the result of a criminal
prosecution” of those crimes. D.C. Code § 22-3704(a). Among the biases that qualify is “the
actual or perceived . . . political affiliation of a victim.” Id. “Political affiliation” under the
statute extends beyond party and includes an individual’s stance for or against specific political
figures.
210. The Defendantsand the rioters plainly were motivated by the Plaintiff’spolitical
affiliation as a political opponent of Donald Trump. The Defendantsrepeatedly directed their
attacks at “Socialist Democrats,” as well as “weak-kneed Republicans” and “RINOs.” The
crowd that gathered on January 6 repeatedly cheered these attacks, and the rioters who breached
the Capitol specifically sought out certain prominent Democrats and at least one prominent
Republican, Vice President Pence, whom Trump had repeatedly called out by name.
54
211. This bias was demonstrated by the following statements, among many others:
d. Trump Jr.: “The people who did nothing to stop the steal. This gathering
should send a message to them: this isn’t their Republican party anymore.
This is Donald Trump’s Republican party.”
e. Trump: “All of us here today do not want to see our election victory stolen by
emboldened radical-left Democrats, which is what they're doing.”
f. Trump: “For years, Democrats have gotten away with election fraud and weak
Republicans. And that’s what they are. There's so many weak Republicans.”
g. Trump: “They're weak Republicans, they’re pathetic Republicansand that’s
what happens.”
h. Trump: “If this happened to the Democrats, there’d be hell all over the
country going on. There’d be hell all over the country. But just remember
this: You’re stronger, you’re smarter, you’ve got more going than anybody.
And they try and demean everybody having to do with us. And you’re the
real people, you’re the people that built this nation. You’re not the people that
tore down our nation.
i. Trump: “The weak Republicans, and that’s it. I really believe it. I think I’m
going to use the term, the weak Republicans. You’ve got a lot of them. And
you got a lot of great ones. But you got a lot of weak ones. They’ve turned a
blind eye, even as Democrats enacted policies that chipped away our jobs,
weakened our military, threw open our borders and put America last.
j. Trump: “They also want to indoctrinate your children in school by teaching
them things that aren’t so. They want to indoctrinate your children. It’s all
55
part of the comprehensive assault on our democracy, and the American people
are finally standing up and saying no. This crowd is, again, a testament to it.”
k. Trump: “So I hope Mike has the courage to do what he has to do. And I hope
he doesn’t listen to the RINOs and the stupid people that he’s listening to.”
212. The Defendants’ conduct violated multiple D.C. criminal statutes.
213. D.C. Code § 22-404 criminalizes assault and behavior that “threatens another in a
menacing manner.” As described in Count 3, D.C. Code § 22-1322 criminalizes inciting a riot.
And as described in Count 4, D.C. Code § 22-1321criminalizes disorderly conduct.
214. Under D.C. Code § 22-1805, “inciting, . . . aiding or abetting the principal
offender” of any criminal offense makes one criminally liable as if they too were a principal
offender.
215. As described in Counts 3, 4, and 8, the Defendantsare directly responsible for,
and additionally are responsible for aiding and abetting, the violence that occurred at the Capitol
on January 6, which actions amount to incitement to riot, disorderly conduct, and assault.
216. The Defendants’ actions also violated D.C.’s Anti-Terrorism Act. That act
criminalizes acts of terrorism, including providing or soliciting material support or resources for
acts of terrorism. D.C. Code § 22-3153. The statute further defines an “act of terrorism” as a
“specified offense” intended to, among other things, “influence the policy or conduct of a unit of
government by intimidation or coercion.” D.C. Code § 22-3152(1).
217. “Specified offense[s]” under the Anti-Terrorism Act include D.C. Code §§ 22-
2101 (Murder in the first degree); 22-2106 (Murder of law enforcement officer or public safety
employee); 22-2103 (Murder in the second degree); 22-2105 (Manslaughter); 22-2001
(Kidnapping and conspiracy to kidnap); 22-401(Assault with intent to kill only); 22-406
56
(Mayhem or maliciously disfiguring); 22-301(Arson); and 22-303 (Malicious burning,
destruction, or injury of another’s property, if the property is valued at $500,000 or more). D.C.
Code § 22-3152(8)(A)-(J).
218. A “specified offense” for purposes of the Anti-Terrorism Act also includes “an
attempt or conspiracy to commit any of” the above offenses. D.C. Code § 22-3152(8)(K).
219. The Defendantsviolated the Anti-Terrorism Act on January 6. They told the
crowd—as they had been saying for weeks—that the presidency was literally being stolen from
them, then suggested they “start taking names and kicking ass,” that they engage in “trial by
combat,” and that they play by “very different rules” before sending them to march on the
Capitol. The Defendantsdid this for the purpose of “influenc[ing] the policy or conduct of a
unit of government,” i.e., Congress.
220. For all these reasons, the Defendants are liable to the Plaintiff for violating D.C.
Code § 22-3704, and for all damages arising therefrom.
COUNT 6
IntentionalInflictionof EmotionalDistress
222. In claiming for weeks that President Biden’s victory was in fact the largest act of
fraud in American history; in seeing that some of Trump’s supporters were willing to engage in
violence in response to such claims; and in using highly inflammatory language in repeating the
false claims of fraud at the rally before sending the crowd to the Capitol, the Defendants
engaged in conduct so outrageous in character, and so extreme in degree, as to go beyond all
57
possible bounds of decency. That fact is almost universally recognized in the widespread,
bipartisan condemnation of Trump’s words and actions that day.
223. The riot that erupted in direct response to the Defendants’ actions caused severe
emotional distress to the Plaintiff.
224. Plaintiff Eric Swalwell was inside the Capitol complex at all relevant times and
was in the House chamber attempting to certify the results of the 2020 Presidential election
when the violent mob breached the Capitol. The Plaintiff heard the mob pound on the chamber
doors and smash glass in an effort to get inside. He watched as Capitol Police officers drew
their weapons, barricaded entrances, and ordered the Plaintiff and other members of Congress to
seek shelter, put on gas masks, and take cover in case there was gunfire. 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. He listened in shock as the House Chaplain—a veteran
of war herself—began praying for the members from the Rostrum.
225. As the Plaintiff watched this horror unfold, he texted with his wife in what he felt
could be his last moments, telling her “I love you very much. And our babies.”
226. As a result of this, the Plaintiff suffered severe emotional distress.
227. After telling them for weeks that their country was literally being taken from them
and knowing the propensity of some of Trump’s supporters to engage in violence, the
Defendantsmade the highly inflammatory remarks described above. Defendants intentionally,
or at a minimum recklessly, caused the severe emotional distress suffered by the Plaintiff in
connection with the January 6 attack. Statements by Republican and Democratic officials
alike—and by several individuals arrested for their roles in the riot—all have recognized the
58
direct link between statements made by the Defendants at the rally and the mob’s decision to
breach the Capitol.
228. The Defendantsare furthermore vicariously liable for the severe emotional
distress caused by the rioters’ actions that day. The Defendants, with the rioters, jointly sought
to prevent the lawful certification of President Biden’s Electoral College victory. The
Defendantsfurthermore encouraged the rioters to do so through violent means. Trump’s refusal
to condemn those acts for several hours, and then to do so equivocally while still expressing
support and praise—which the other Defendants knew of and agreed to support—is further
evidence of their agreement to block certification by any means.
229. For those same reasons, the Defendants also are liable to the Plaintiff for aiding
and abetting the rioters’ acts of intentional infliction of emotional distress.
230. For all these reasons, the Defendants are liable to the Plaintiff for intentional
infliction of emotional distress and for all damages arising therefrom.
COUNT 7
NegligentInflictionof EmotionalDistress
232. In claiming for weeks that President Biden’s victory was in fact the largest act of
fraud in American history; in seeing that some of Trump’s supporters were willing to engage in
violence in response to such claims; and in using highly inflammatory language in repeating the
false claims of fraud at the rally before sending the crowd to the Capitol, the Defendantsat a
minimum acted negligently.
59
233. As described in this Complaint, the Plaintiff here was well within the zone of
danger created by the Defendants’ actions. Congressman Swalwell was on the House floor
when the mob reached the doors to the chamber, and he watched in horror as Capitol Police
officers barricaded doors, held off the mob at gunpoint, and ordered the Plaintiff and others to
put on gas masks and seek shelter from tear gas and potential gunfire.
234. As described earlier in the Complaint, the Defendants’ actions caused the Plaintiff
to suffer severe emotional distress.
235. For the same reasons identified in Count 7, the Defendants are furthermore
vicariously liable for, and aided and abetted, the rioters’ negligent infliction of emotional
distress upon the Plaintiff.
236. For all these reasons, the Defendants are liable to the Plaintiff for negligent
infliction of emotional distress and for all damages arising therefrom.
COUNT 8
Aiding and AbettingCommon-LawAssault
238. On January 6, 2021, a mob of individuals, incited by the Defendants, stormed the
Capitol.
239. The Plaintiff was inside the Capitol as the mob gathered outside. The mob
attacked law enforcement officers protecting the entrance and intentionally and unlawfully
forced its way inside the building.
60
240. Many individuals in the mob either carried weapons or used objects such as poles
and fire extinguishers as weapons before and after entering the building. Some individuals in
the mob also carried restraints such as plastic handcuffs and rope.
241. The mob also unlawfully and intentionally entered non-public areas of the Capitol
building, including the members’ private offices. Members of the mob damaged and vandalized
personal and public property and stole documents, electronics, and other items from some
members’ offices.
242. As the mob made its way through the Capitol looking for Members, participants
threatened to kill numerous individuals, including, but not limited to, Vice President Mike
Pence and Speaker of the House Nancy Pelosi. The mob terrorized and injured scores of people
inside and outside of the Capitol, including the Plaintiff.
243. As described previously in the Complaint, the Plaintiff was harmed by the rioting
mob the Defendantsincited.
244. The mob’s intentional and unlawful entry into the Capitol, and the words and
actions of its participants before and after entry, caused the Plaintiff to fear imminent physical
harm.
245. The Plaintiff in fact suffered harm because of the assault.
246. The Defendantsaided and abetted each other and the mob of individuals that
stormed the Capitol and assaulted the Plaintiff.
247. The Defendantswere aware that their actions prior to and on January 6, 2021
promoted and encouraged the mob to storm the Capitol and assault the Plaintiff and others.
248. Before directing the mob to the Capitol, the Defendants instructed them to “fight
like hell,” “start taking down names and kicking ass,” and that it was time for “trial by combat.”
61
249. The Defendantsintended these words to be taken literally.
250. For several hours after the mob had stormed the Capitol, the Defendants refused
to communicate anything to the mob that might discourage continued unlawful action.
251. The Defendantsknowingly and substantially assisted in the assault that was
perpetrated upon the Plaintiff. The Defendants riled up the crowd and directed and encouraged
the mob to attack the Capitol and seek out members of Congress and assault them.
252. For all these reasons, the Defendants are liable to the Plaintiff for assault and for
COUNT 9
Negligence
254. The Defendants’ actions prior to and on January 6 promoted and encouraged the
mob to storm the Capitol and assault the Plaintiff.
255. In directing a crowd of thousands to march on the Capitol—particularly
considering their violence-laden commands—the Defendantsowed a duty of care to the Plaintiff
and to everyone in the Capitol to exercise reasonable care in directing the mob’s actions.
256. Given the magnitude of wrongdoing the Defendants had alleged was about to
occur, and the violent reaction of some Trump supporters on multiple prior occasions in
response to the very same claims, it was reasonably foreseeable to the Defendantsthat members
of the crowd might act violently if sufficiently inflamed that day and insufficiently instructed to
remain peaceful and law-abiding.
62
257. In (1) repeating their claims that what was about to occur was a fraud of historical
magnitude, (2) blaming the fraud on the Plaintiff and other similarly-situated officials, and then
(3) sending the crowd off with exhortations to “fight like hell,” to “start taking down names and
kicking ass,” to have “trial by combat,” and to play by “very different rules,” all for the literal
purpose of “sav[ing] the republic,” the Defendants breached the duty of care they owed to the
Plaintiff and others.
258. The harm suffered by the Plaintiff was reasonably foreseeable given the
Defendants’ statements on January 6, considering the magnitude of the wrong they had said for
weeks was happening and their knowledge of past violent reactions in response to the same
message.
259. As described in this Complaint, the Plaintiff suffered harm as a result of the
events of January 6.
260. The injury to the Plaintiff was proximately caused by the Defendants’ breach of
their duty of care.
261. For all these reasons, the Defendantsare liable to the Plaintiff for negligence and
for all damages arising therefrom.
V.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff respectfully requests this Court to enter a judgment in his
favor and grant relief against the Defendants as follows:
(1) Order the Defendants to pay actual money damages to the Plaintiff in an
amount to be determined at trial;
(2) Order the Defendants to pay punitive damages to the Plaintiff in an amount
to be determined at trial;
63
(3 ) Declare that the Defendants violated the law as set forth above
(4 ) Order the Defendantsto provide written notice to the Plaintiffno less than
7 days beforeany rally or other public event in Washington, D.C., on a day when significant
election or election certification activity is taking place, and when the rally is planned to
have more than 50 people in attendance , to allow the Plaintiff to determine whether to seek
relief from the Court to prevent further violence or disruption to the proper functioning of
the federal government;
(5) Award the Plaintiff reasonable attorneys' fees and costs for his investigation
and prosecutionof this action; and
(6) Grant any such additional relief as the Court deems just and proper .
VI.
JURY DEMAND
The Plaintiff demands a trial by jury by the maximum number of jurors permitted by law.
Dated: March 5 , 2021 Respectfully submitted,
G
CALED ANDONIAN PLLC
Joseph Caleb ( D.C. Bar No. 495383)
Philip Andonian (D.C. Bar No. 490792)
1156 Fifteenth Street, N.W., Ste . 510
Washington , D.C. 20005
Tel (202) 787-5792
:
Email: joe@calebandonian.com
phil@calebandonian.com
KAISERDILLON PLLC
Matthew Kaiser ( D.C. Bar No. 486272 )
Sarah Fink ( D.C. Bar No. 166663 )
1099 Fourteenth Street, N.W., Fl.
64
Washington, D.C. 20005

Tel: (202) 640-2850
Email: mkaiser@kaiserdillon.com
sfink@kaiserdillon.com
COBURN & GREENBAUM PLLC

Barry Coburn (D.C. Bar No. 358020)
Marc Eisenstein ( D.C. Bar No. 1007208
1710 Rhode Island Avenue, N.W., 2nd Fl.
Washington , D.C. 20036
Tel (202) 643-9472
:
Email: barry@coburngreenbaum.com
marc@coburngreenbaum.com
Attorneys for the Plaintiff
65

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Case 1:21-cv-00586 Document 1 Filed 03/05/21 Page 1 of 65

UNITED STATES DISTRICT COURT

1. The peaceful transfer of power is a sacrament of American democracy. Donald

40% of the rally attendees did just that.1

4. As a direct and foreseeable consequence of the Defendants’ false and incendiary

service of their country.

7. As the Plaintiff and hundreds of others—including police officers, other elected

destruction that followed.

Plaintiff Eric Swalwell

States House of Representativesfrom California’s 15th Congressional District. He is a member

Intelligence Modernization and Readiness Subcommittee, as well as a member of the House

votes and certify the winner of the 2020 Presidential election.

gunpoint to prevent them from entering the chamber.

Defendant Donald J. Trump

reject the results.

the building was overrun.

President of the United States.

Defendant DonaldJ. Trump Jr.

Defendant Rudolph Giuliani

attorneys, Giuliani participated in the frivolous lawsuits filed on Trump’s behalf.

20. Defendant Mo Brooks is a member of the United States House of Representatives

from Alabama’s Fifth Congressional District. Brooks—acting in his personal capacity—

ultimately Congress to reject the results.

occurred in the District of Columbia. See 28 U.S.C. § 1391(b)(2).

Trump's DeliberateEffortsto Underminethe ElectionResults

such statements, right up to the days immediately preceding the election:

1:12 PM Oct 29, 2020

mail- in ballots earlier than election day

going to be unsuccessful, Trump decided to renew his claims of voter fraud .

29. At 12:49 a.m., on November4 , Trump took to Twitter to accuse unnamed

individualsfrom attempting to steal his victory.

We are up BIG, but they are trying to STEAL the Election.

“trying to disenfranchise” the millions of people who had voted for

showing an increasing advantage for Biden .

Donald J. Trump Donald J. Trump

STOP THE COUNT! STOP THE FRAUD!

9:12AM , 2020 12:21 PM , 2020

us . He echoed that sentiment on Twitter a short while later:

Nov 2020- 2:22:47AM EST for iPhone on Twitter

confrontations nationwide between his supporters and election officials :

Trump Supporters Gather As

Detroit Elections Center Employee On Stop

Stop the Steal Protest

2 Heavily Armed Va. Men FoundOutside

Armed men attempting to stop

armedsupportersofthe former President

the Georgia Capitol.

Arizona and Georgia” :

DonaldJ. Trump DonaldJ. Trump

The RINOS that run the state ...Tensof millionsof haphazardly

5:15 PM 13, 2020

election results in their states. He directed particular attention to officials in Michigan,

38 In November 2020, bipartisan election officials in Wayne County , Michigan

tried — unsuccessfully — to rescind their votes certifying the election results.

39 . Trump next contactedMichiganSenate MajorityLeader Mike Shirkey and