Trump is ‘likely going to lose’ new insurrection lawsuit: legal experts
Donald Trump (Photo: Gage Skidmore/Flickr)

The latest lawsuit against Donald Trump under the Reconstruction era "Ku Klux Klan Act" is likely to succeed, legal experts have explained.

"When Democratic congressman Eric Swalwell (D-CA) filed a suit against former president Donald Trump on Friday, he took a smart approach. Namely, Swalwell's suit is broader, and therefore would appear more winnable, than one that merely asserts that Trump incited the attacks on the Capitol," Loyola Law Prof. Jessica Levinson explained in an analysis for MSNBC published on Saturday.

The lawsuit also includes Donald Trump, Jr. and former New York City Mayor Rudy Giuliani.

"In Swalwell's suit, more than half of the nine causes of action the congressman sued under relate to negligence. This is significant because under a negligence standard, Swalwell will have to prove something less than that the defendants intended for the Capitol riots to occur," Levinson explained. "But as with so many suits against Trump, a 'win' for either of these suits may be to survive long enough to take Trump's deposition and obtain discovery. This could bring new evidence — potentially damning evidence — to light."

Harvard Law Prof. Laurence Tribe said the lawsuit "is one Trump won't easily escape."

"Its legal basis is solid and its factual predicates are overwhelming," Tribe explained.

MSNBC legal analyst and former federal prosecutor Glenn Kirschner went even further and predicted Swalwell is likely to win.


Rep. Eric Swalwell Sues Trump, Don Jr., Giuliani and Rep. Brooks for 1/6 Attack on the US Capitol