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As if to guarantee failure, Swalwell picked the very tort — emotional distress — that was previously rejected by the Supreme Court. Mike Lee (R-Utah) instead of Sen. Enter Swalwell, who has long exhibited a willingness to rush in where wiser Democrats fear to tread, with what may be his costliest misstep yet. Then at 2:26 p.m.,
The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. Around 2:26, Trump mistakenly called Utah Sen. There are actually six “counts” listed but there are two count fives in the complaint. The first five counts are: COUNT ONE (Directing Assault and Battery).
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