On Tuesday, The Justice Department and the House of Representatives declined to back Rep. Mo Brook’s legal defense against a lawsuit accusing him of helping to foment the Jan. 6 Capitol riot, according to multiple reports.
According to Politico, the Alabama Republican sought to dismiss the case against him, arguing that his remarks at the January 6 rally were within the scope of his duties as a House member. The Justice Department and the House have typically intervened to defend lawmakers sued for their official actions, and Brooks filed a motion seeking similar treatment against his colleague’s suit.
In his court filing, Brooks argued that his conduct at the center of the case falls squarely within his scope of official employment and is thus legally protected from such civil suits. He cited the Westfall Act, which Trump himself had previously invoked during his presidency, with the Justice Department’s support, to obtain federal representation against a defamation lawsuit by New York writer E. Jean Carroll.
But in Brooks’ case, the Justice Department rejected the notion that he was acting in his official capacity, noting that his remarks at Donald Trump’s rally were almost entirely political.
“The record indicates that the January 6 rally was an electioneering or campaign activity that Brooks would ordinarily be presumed to have undertaken in an unofficial capacity,” Justice Department civil attorneys said in a 29-page filing late Tuesday, according to The Hill.
Politico also reported that earlier in the day, House counsel Doug Letter offered a similar rejection, noting that the House rarely intervenes in legal disputes for individual lawmakers, particularly when they’re not related to official House business.
The rejections from the DOJ and the House of Representatives came on a day in which emotions surrounding the Jan. 6 attack were already running high. Four hours of riveting testimony from police officers wounded during the assault — they demanded accountability for lawmakers and Trump allies who they said bear responsibility for the violence — returned the issue to the forefront of the agenda in Washington.
Meanwhile, Trump delivered another public statement falsely claiming a left-wing role in the riots and reiterated his discredited claims that the 2020 election was stolen from him.
The lawsuit was filed earlier this year by Rep. Eric Swalwell (D-Calif.) against Brooks, former President Trump and Rudy Giuliani, accusing them of inciting the riot that overran the Capitol.