Judge dismisses Jan. 6 cases against Giuliani and Don Jr., not Trump

The Obama-appointed judge accused Trump of knowing that supporters "were prepared to partake in violence for him."

Published: February 27, 2022 8:42pm

Updated: February 27, 2022 10:20pm

In lawsuits filed by Reps. Eric Swalwell (D-Calif.) and Bennie Thompson (D-Miss.) to hold Donald Trump and allies liable for damages stemming from Jan. 6, a judge has dismissed the cases against two defendants — Trump attorney Rudy Giuliani and former first son Donald Trump Jr. — while allowing most parts of the cases against the former president to proceed.

D.C. District Court Judge Amit P. Mehta, an Obama appointee, issued the 112-page ruling earlier this month on three Jan. 6 lawsuits involving former President Trump and his allies. In his ruling, Mehta accused Trump supporters of being ready to participate in violent actions on behalf of the former president. 

Trump campaign adviser and former New York City Police Commissioner Bernard Kerik  criticized the judge's decision.

"This is just one of many frivolous lawsuits and attacks by the government against the president's personal counsel for having the courage to stand up and fight for his client," Kerik told Just the News.

In Thompson v. Trump, 11 members of the House of Representatives and two Capitol Police officers were seeking damages from former President Trump, Trump Jr., attorney Giuliani, Rep. Mo Brooks (R-Ala.) and far-right groups such as the Proud Boys and its leader Enrique Tarrio for physical injuries and emotional distress linked to Jan. 6.

Motions to dismiss by Giuliani and Trump Jr. were granted by Mehta, but the motions of former President Trump, Tarrio and the Oath Keepers were denied.

Thompson left the lawsuit after he was named Jan. 6 committee chair.

Swalwell filed a personal lawsuit in March 2021 against former President Trump, Trump Jr., Brooks and Giuliani. The California representative accused the parties of negligence and emotional distress, among other things. All defendants except for Brooks have asked for the case to be dismissed. 

In Swalwell v. Trump, Mehta dismissed all claims against Trump Jr. and Giuliani. However, he only dismissed some of the claims against the former president. Trump still faces a lawsuit from Swalwell over negligence claims, violations of D.C.'s anti-bias law and "aiding and abetting assault." 

The court also invited Brooks to file a motion to dismiss Swalwell's case and said the request would be granted.

Capitol Police officers James Blassingame and Sidney Hemby were part of Thompson's lawsuit, and they also filed their own against the former president. Mehta granted part of Trump's request for dismissal in the case, but Trump still faces accusations of "directing/aiding and abetting assault" and violating "public safety statutes," among other things.

Giving the basis to keep the lawsuits against Trump, Mehta accused the former president of knowing that groups such as the Proud Boys "were prepared to partake in violence for him." He added that the "same is true of other supporters."

Mehta also accused the former president of making a call for "collective action" in his Jan. 6 speech, which led to supporters entering the Capitol that day.

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