Trump asks court to toss out Capitol assault suit from Eric Swalwell

Washington — Former President Donald Trump asked a federal judge to dismiss a lawsuit filed against him by Democratic Congressman Eric Swalwell over his actions related to the January 6 assault on the U.S. Capitol, arguing the former president has "absolute immunity" from the suit.

In a filing with the U.S. district court in the District of Columbia, a lawyer for Mr. Trump and his son, Donald Trump Jr., who is also named as a defendant, accused Swalwell of attacking the former president's First Amendment rights and said the president is free to advocate for the appointment of certain presidential electors, just as he is entitled to push for the passage or defeat of a constitutional amendment. "It is well recognized that rousing and controversial speeches are a key function of the presidency," Jesse Binnall, the attorney, told the court. "That is especially true when, as is the case here, the president is advocating for or against congressional action."