Legal Experts Say Trump Is Likely To Lose Insurrection Lawsuit
Donald Trump could suffer another serious loss this year, according to legal experts. He’s facing multiple lawsuits ranging from defamation over sexual assault allegations to cases regarding the insurrection attempt carried out by his fan base on January 6th. It’s this insurrection case that some experts say could really be damaging.
Washington Post reported this week that Representative Eric Swalwell had filed a lawsuit against former President Donald Trump, as well as Trump’s son, Donald Trump Jr., his personal attorney and former NYC Mayor Rudy Giuliani, and Representative Mo Brooks (R-Al). His suit contends that all four should be held responsible for the damage and injuries they are accused of inciting on January 6th.
According to RawStory, some legal experts who have weighed in think that Swalwell has a better than fair chance against the former president. Loyola Law Professor Jessica Levinson, for one, is quoted describing this case as “more winnable” than merely an allegation that Trump incited the attacks, because several of the counts allege negligence, and Swalwell would only have to prove that Trump failed to make reasonable measures to prevent the attack, rather than that he was the direct cause.
Constitutional law professor Laurence Tribe weighed in too, describing the case as “one Trump won’t easily escape,” praising the factual and legal basis.
The New York Times notes the additional possible implications of the case: the discovery portion of the proceedings could produce additional information about Trump’s role in the attack, outside what was addressed publicly in his second impeachment hearing.