Deputy Bennie Thompson, D-Miss., And the NAACP filed a lawsuit on Tuesday against former President Donald Trump and Rudy Giuliani, accusing them of conspiring with two extremist groups to block the counting of presidential votes by invading the US Capitol.
The lawsuit, the first on the Capitol riot to nominate Trump, said the attack was “the intended and predictable culmination of a carefully coordinated campaign to interfere with the legal process necessary to confirm the count of votes cast at the Electoral College.”
Jason Miller, a Trump adviser, said in response: “President Trump did not plan, produce or organize the January 6 rally at Ellipse. President Trump did not incite or conspire to incite any violence on Capitol Hill on January 6.”
Thompson and the NAACP said that Trump, Giuliani, the Proud Boys and the Oath Keepers shared a common goal “to employ intimidation, harassment and threats” to prevent the counting of votes. The riot was “a direct, intentional and predictable result” of the conspiracy, he said.
The lawsuit invoked the Civil Rights Act of 1871, commonly known as the Ku Klux Klan Act, which allows lawsuits against government officials on allegations that they conspired to violate civil rights. It was filed in the United States District Court in Washington by a law firm specializing in such cases, Cohen, Millstein, Sellers & Toll.
Their complaint included many of the claims made against Trump by House managers during the Senate impeachment trial and incorporated allegations made by the FBI into court documents that accompanied criminal charges against members of the Proud Boys and Oath Keepers.
By repeatedly claiming that the election was stolen, Trump and Giuliani mobilized supporters and supported armed protesters, rejecting calls to cool the rhetoric, the suit said. At the January 6 rally near the White House, the two “began to fuel the crowd’s anger and urged them to take steps to take control of the Electoral College ballot counting and approval process.”
The suit also cited extensively comments from Senate minority leader Mitch McConnell, R-Ky., Made after the Senate voted for Trump’s absolution on Saturday, including his statement that “there is no doubt that President Trump is practical and morally responsible for causing the events of that day. “
The suit asks a judge to decide that the defendants’ actions violated federal law and seeks unspecified monetary damages.
“Did they allege a conspiracy among everyone? It’s a tough decision,” said Danny Cevallos, a Philadelphia lawyer and legal analyst at MSNBC. He said the courts have ruled that a conspiracy requires proof of acting together, with an agreement and some communication.
“There is no evidence of a real meeting between, say, Trump and the Proud Boys. But there is rarely ‘smoking’ evidence of a conspiracy.” The back and forth of his social media messages, he said, “may be” enough communication to establish a conspiracy.
Former presidents are immune to lawsuits for their official actions during their tenure, but can be prosecuted for conduct that was not part of their duties.
Defendants are likely to take the next legal step by filing a motion to close the case. If the lawsuit survives that initial move, claimants will begin to seek evidence through the discovery process.
