Donald Trump sued by Congressman Eric Swalwell over US Capitol attack sparked by 'false and incendiary actions'

Eric Swalwell was one of the US House impeachment managers during Donald Trump's February trial.(

Reuters

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A US congressman has sued Donald Trump, lawyer Rudy Giuliani and some of the former president's other allies over the January 6 attack on the US Capitol.

Five people died, including a police officer, when violent supporters of Donald Trump tried to stop the certification of the 2020 US election results.

The civil lawsuit, filed in federal court in Washington, alleges the attack, was a "direct and foreseeable consequence" of unlawful actions by Mr Trump, Mr Giuliani, eldest son Donald Trump Jr, Republican congressman Mo Brooks and others.

"As such, the defendants are responsible for the injury and destruction that followed," said representative Eric Swalwell, who filed the lawsuit.

Mr Swalwell was one of the impeachment managers who last month attempted to persuade the US Senate to block Mr Trump from holding office again, due to his incitement of violence.

The Senate voted to acquit Mr Trump, despite seven Republicans breaking ranks to side with Mr Swalwell's Democratic Party.

The lawsuit draws on evidence from the impeachment trial, including Donald Trump's tweets leading up to the attack, and details the former president's efforts to pressure state officials to halt President Joe Biden's victory.

The full video of the Capitol riot played by prosecutors at Trump's impeachment trial.

Mr Swalwell is the second politician to sue Trump over the insurrection.

Representative Bennie Thompson, a Democrat who chairs the House of Representatives Homeland Security Committee, filed a lawsuit last month accusing Mr Trump, Mr Giuliani and two right-wing groups of conspiring to incite the riot.

Mr Swalwell's lawsuit claims Mr Trump and his allies broke a US law that prohibits conspiracies to violate civil rights.

The lawsuit also alleges the former president acted negligently and aided and abetted assaults carried out by the pro-Trump mob, and therefore is liable under Washington DC law.

Mr Trump and his attorney Rudy Giuliani faced a lawsuit last month from Democrat Bennie Thompson.(

AP: Carolyn Kaster

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Others described Mr Trump as "borderline enthusiastic about the unfolding violence", according to the suit.

Mr Swalwell is seeking monetary damages against the defendants, including punitive damages, as well as other relief from the court.

Mr Trump's spokesman Jason Miller called Mr Swalwell a "low-life" with "no credibility".

ABC/wires