Lawmakers accused Mr. Trump, Rudy Giuliani and members of the Proud Boys and far-right militias of violating the Ku Klux Klan law, a reconstruction-era law prohibiting the use of “force. , intimidation or threat “against” any citizen who is legally entitled to vote “in a presidential election, as a pro-Trump mob sought to forcibly overturn the 2020 election results while by storming the halls of Congress.
Separate motions to dismiss the action in U.S. District Court argued Thursday that Mr. Trump’s speech to supporters near Capitol Hill – in which he said “if you don’t fight like hell , you will no longer have a country ”- was protected by the First Amendment.
The Democrats’ claims “directly contravene” the “absolute immunity” of then-President Trump, and “fail to plausibly plead a viable conspiracy theory” against him, lawyer Jesse Binnall wrote in a motion to reject.
“Instead, they keep repeating the same baseless and misleading allegations that were rejected by the Senate in the second failed impeachment attempt earlier this year,” Binnall wrote.
The president was impeached by the House of Representatives twice, in 2019 and 2021. He was acquitted in the Senate twice.
Lawyers for the Oath Keepers militia also urged the judge to dismiss the complaint, arguing that “there is no allegation that the accused Oath Keepers engaged in violence or entered the Capitol itself” and that members of Congress, rather than an entire body, do not have standing to bring an action against them.
The lawsuit of U.S. Representative Bennie Thompson and 10 other House lawmakers accuses Mr. Trump and his allies of urging a “concerted campaign to misinform their supporters and the public, encouraging and promoting intimidation and violence in the lawsuit of their common promotion plan ”election, despite its final defeat.