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Photo: Joe Raedle/Getty Images

Former President Trump on Monday asked a federal judge to dismiss a lawsuit filed by Rep. Eric Swalwell (D-Calif.) over his role in the Jan. 6 Capitol riots because he has "absolute immunity."

Driving the news: In a memo, Trump's attorney said the lawsuit "directly attacks" the First amendment, adding that the congressman took comments the former president made out of context and that the court should dismiss the lawsuit because "[t]he President's absolute immunity forecloses the jurisdiction of this Court."

What he's saying: "In bringing this suit, the Congressman asks this Court to wade into turbulent political waters to decide what controversial speech should be favored. The Court should firmly reject that invitation," Trump's filing says.

  • "The claims against former President Trump directly contravene the absolute immunity conveyed on the President by the Constitution as a key principle of separation of powers."
  • "It is well recognized that rousing and controversial speeches are a key function of the presidency. That is especially true when, as is the case here, the President is advocating for or against congressional action," the filing said, defending Trump's behavior after the presidential election.
  • The filing also urged the Court to dismiss the lawsuit against Donald Trump Jr.

Catch up quick: Swalwell filed a lawsuit in March against Trump, his son Donald Trump Jr., Rep. Mo Brooks (R-Ala.) and Trump lawyer Rudy Giuliani for inciting the Jan. 6 Capitol insurrection.

Go deeper

Capitol Police "closely monitoring" Sept. 18 pro-Capitol riot rally

Members of the Proud Boys make a hand gesture while walking near the US Capitol in Washington, DC on Jan. 6. Photo: Amanda Andrade-Rhoades/For The Washington Post via Getty Images

The U.S. Capitol Police Department is "closely monitoring" a Sept. 18 rally planned in support of individuals arrested for storming the Capitol on Jan. 6, USCP chief Tom Manger said Wednesday in a written statement shared with reporters.

Driving the news: The rally — spearheaded by former Donald Trump presidential campaign official Matt Braynard — is known as "Justice for J6" and will be held on the Capitol grounds, WUSA9 reports.

Virginia energy giant quietly boosts McAuliffe

Former Virginia Gov. Terry McAuliffe speaks during a campaign rally on Oct. 15 in Henrico, Virginia. Photo: Win McNamee/Getty Images

Virginia Democrat Terry McAuliffe has sworn off money from the Richmond company Dominion Energy. But the utility has found more subtle ways to back McAuliffe's gubernatorial bid, records show.

Driving the news: Dominion's political action committee has donated $200,000 to a murky political group called Accountability Virginia PAC, a group with ties to prominent Democrats that's been running ads attacking Republican candidate Glenn Youngkin from the right.

3 hours ago - Technology

Race and technology in America

Illustration: Annelise Capossela/Axios

The technology industry is famously determined to change the world — but its efforts to diversify its workforce and remove bias from its products haven't changed nearly enough.