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Asha Rangappa on Rep. Swalwell's lawsuit and prospects for discovery (Original Post)
swag
Mar 2021
OP
swag
(26,571 posts)1. Related article
https://www.thenewcivilrightsmovement.com/2021/03/expert-explains-how-dems-just-brilliantly-forced-trump-to-respond-under-oath-for-the-capitol-riot/
Representative [Eric] Swalwells complaint is particularly interesting because it raises claims under the Ku Klux Klan Act, which talks about interference with Congress performance of official duties, and files suit in his individual capacity, arguing interference and interference with his well-being and the well-being of others, said Vance. Only one of the claims in this complaint have to survive a motion to dismiss, an early preliminary motion that the defendants will file in order to begin the discovery process, and thats part of the legal proceedings in the civil case where a litigant like Representative Swalwell has the ability to take depositions to ask for documents where theres actually an obligation that the defendants respond under oath.
Representative [Eric] Swalwells complaint is particularly interesting because it raises claims under the Ku Klux Klan Act, which talks about interference with Congress performance of official duties, and files suit in his individual capacity, arguing interference and interference with his well-being and the well-being of others, said Vance. Only one of the claims in this complaint have to survive a motion to dismiss, an early preliminary motion that the defendants will file in order to begin the discovery process, and thats part of the legal proceedings in the civil case where a litigant like Representative Swalwell has the ability to take depositions to ask for documents where theres actually an obligation that the defendants respond under oath.
ananda
(34,598 posts)2. Thank you. This is going to be interesting!
!!!
MineralMan
(150,879 posts)3. Plus, nobody can claim that Swalwell doesn't have standing to sue, either.
He was in the Capitol. He is a member of Congress. His life was at risk from the insurrectionists.
You go, Eric!
