Eric Swalwell's Lawsuit Against Trump Has 'Mind-Boggling' Implications, Says Alan Dershowitz

Famed attorney Alan Dershowitz called Democratic Representative Eric Swalwell's lawsuit against Donald Trump a "political stunt" with "mind-boggling implications."

Speaking to Newsmax in a video shared to Twitter on Saturday, Dershowitz likened the lawsuit to "suing God for writing the Bible."

"It certainly is a political stunt, the implications of it are mind-boggling. That means you can sue Black Lives Matter for any violence that ensued from their platform," he said.

.@AlanDersh tells @CarlHigbie "it is certainly is a political stunt, the implications of it are mind-boggling" referring to Eric Swalwell's lawsuit against Trump.

— Newsmax (@newsmax) March 6, 2021

"I guess the final implication is you can sue God for writing the Bible, because the Bible led to the crusades and other violence. And you could sue Imam's for making speeches in churches and in mosques and synagogues," he added.

Dershowitz's comments come after Swalwell, a California congressman, filed a lawsuit on Friday against Trump, Donald Trump Jr., Rudy Giuliani and Congressman Mo Brooks (R-AL), for inciting the January 6 riot at the U.S. Capitol.

The civil lawsuit was filed in federal court in Washington, D.C., and accused Trump and his allies of "inciting an attack against the Capitol that terrorized lawmakers and prevented us from doing our jobs of certifying the votes of the American people."

In the lawsuit, Swalwell alleges that Trump, Trump Jr., Giuliani and Brooks prompted the violent siege with their repeated claims of voter fraud, their encouragement that supporters come to D.C. on January 6, and through their speeches that day.

"Trump directly incited the violence at the Capitol that followed and then watched approvingly as the building was overrun," the lawsuit read. "The horrific events of January 6 were a direct and foreseeable consequence of the Defendants' unlawful actions. As such, the Defendants are responsible for the injury and destruction that followed."

The violence on January 6 – which left five people dead and several others injured – ultimately led to Trump's impeachment by the House of Representatives. Swalwell was one of the House impeachment managers who argued against the former president.

But Trump was ultimately acquitted by the Senate on February 13, with seven Republicans joining Democrats in voting to convict him.

Swalwell's lawsuit comes after a similar motion was filed last month by Democratic Representative Bennie Thompson alleging that Trump incited the assault in violation of the Ku Klux Klan Act, a Reconstruction-era statute prohibiting interference with Congress' constitutional duties.

Alan Dershowitz
Attorney Alan Dershowitz said Rep. Eric Swalwell's lawsuit against Trump could have "mind-boggling" implications. Here, Dershowitz speaks during an interview on May 18, 2010 in Jerusalem, Israel. Lior Mizrahi/Getty Images

In the interview with Newsmax, Dershowitz said Swalwell's lawsuit was just "political theater" that wouldn't get past a motion to dismiss.

"This suit will be thrown out on First Amendment grounds, it shouldn't get past a motion to dismiss. It is just political theater, but it endangers our First Amendment just to have the lawsuit brought," he said.

In response to the lawsuit, Trump advisor Jason Miller said Swalwell had "no credibility," and was attacking Trump with "yet another witch hunt," according to the Associated Press.

Similarly, a comment from Brooks shared with Newsweek on Friday called Swalwell's lawsuit a "meritless ploy."

"Under no circumstances will Swalwell, or any other Socialist, stop me from fighting for America," Brooks said.

Newsweek contacted Trump and Swalwell for additional comment, but did not hear back in time for publication.

Editor's pick

Newsweek cover
  • Newsweek magazine delivered to your door
  • Unlimited access to
  • Ad free experience
  • iOS and Android app access
  • All newsletters + podcasts
Newsweek cover
  • Unlimited access to
  • Ad free experience
  • iOS and Android app access
  • All newsletters + podcasts