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In a court filing Monday, Giuliani wrote that his words to Trump supporters were "hyperbolic." The former New York City mayor also said in his court filing that the core of the insurrection was orchestrated by pro-Trump extremist groups to whom he had no connection.
"Plaintiff would have the Court believe that what the FBI has been unable to do — tie Defendants to a vast conspiracy to mastermind the attack on the Capitol — Plaintiff will accomplish through this litigation. This is simply too far-fetched and outlandish to pass the plausibility standard of the law," Giuliani's court argument said.
"Over the next 10 days, we get to see the machines that are crooked, the ballots that are fraudulent, and if we're wrong, we will be made fools of, but if we're right, a lot of them will go to jail," he told the crowd that day. "So, let's have trial by combat."
In addition to Giuliani, Trump, his son Donald Trump Jr., and Republican Rep. Mo Brooks were also sued by Swalwell, a California Democrat who helped lead the House impeachment arguments against Trump for inciting insurrection.
Swalwell's lawsuit filed in March cites a civil rights law meant to counter the Ku Klux Klan's intimidation of elected officials. He also alleges Trump, Trump Jr., Giuliani and Brooks broke Washington, DC, laws, including an anti-terrorism act, by inciting the riot, and that they aided and abetted violent rioters and inflicted emotional distress on the members of Congress.
CNN's Veronica Stracqualursi and Devan Cole contributed to this report.