An attorney for Rudy Giuliani late Monday asked a federal judge to throw out a lawsuit from a House Democrat over the Jan. 6 insurrection at the U.S. Capitol, claiming Giuliani’s comments ahead of the riot were “hyperbolic” and it would be unconstitutional for the case to move forward.

The brief accompanying the motion to dismiss, signed by attorney Joe Sibley of the Texas firm Sibley & Camara, claims the allegations in the lawsuit from Democratic Rep. Eric Swalwell “are entirely implausible, inadequately pleaded, and, in any event, are barred by the First Amendment,” and the suit must be thrown out. Sibley is also defending Giuliani from a defamation suit filed by Dominion Voting Systems Corp., over his false claims that the voting company rigged the 2020 election.

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