On the heels of the Senate’s acquittal of Donald Trump, the NAACP, Mississippi Rep. Bennie Thompson and civil rights law firm Cohen Milstein Sellers & Toll filed a lawsuit against the former president, Rudy Giuliani and two white supremacist groups, citing their role in the Jan. 6 insurrection.
The lawsuit, filed Tuesday morning in Federal District Court for the District of Columbia, alleges that Trump and Giuliani, in collaboration with the Proud Boys and Oath Keepers, conspired to incite the riots to keep Congress from certifying the results of the 2020 presidential election. It claims they did so in violation of the Ku Klux Klan Act, a Reconstruction-era statute designed to protect both formerly enslaved African Americans and lawmakers in Congress from white supremacist violence.
Reps. Hank Johnson and Bonnie Watson Coleman will join the litigation as plaintiffs in the coming days, according to a press release shared with POLITICO.
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The lawsuit recounts Trump’s actions leading up to the Jan. 6 riots, building a case against him in similar fashion to House impeachment managers. It cites Trump’s remarks during “Save America” rally as evidence that he mobilized and directed insurrectionists to storm the Capitol. After his supporters entered the halls of Congress, the lawsuit alleges, Giuliani called lawmakers individually, asking them to try to “slow down” the Electoral College vote count.
The parties’ decision to file litigation after the impeachment trial is in large part a response to the Senate’s acquittal of the former president on Feb. 13 — so far, no other civil rights groups have pursued litigation against Trump for his role in the riots. Filing suit now, Thompson and the NAACP argue, will help prevent a second insurrection.
“If we don’t put a check on the spread of domestic terrorism, it will consume this nation and transform it to something that none of us recognize,” NAACP President Derrick Johnson said in an interview. “We must, as a nation, prevent the spread of this type of boldness where [insurrectionists] will go to our U.S. Capitol and seek an act of treason.”
