The Justice Department Tuesday declined to support Rep. Mo Brooks, R-Ala., in his legal defense against a lawsuit that accused him of helping to provoke the Capitol riot of January 6th.
In a court filing, DOJ lawyers disagreed with Brooks’ claim that he was acting within the scope of his official congressional duties when he delivered a speech at the January 6th“Stop the Steal” rally, saying that “[T]he record indicates that Brooks’ appearance at the January 6 rally was campaign activity, and it is no part of the business of the United States to pick sides among candidates in federal elections,” according to The Hill.
Brooks argues that his actions fall within the scope of his official congressional duties, which would thereby be immune to such civil suits. Brooks wrote in a court filing earlier this month that “[I]n sum and substance, Brooks drafted, practiced and gave his Ellipse Rally Speech at the request of the White House and pursuant to Brooks’ duties and job as a congressman concerning presidential election dispute resolution obligations imposed on Congress by the U.S. Constitution.”
The suit was filed earlier this year by Rep. Eric Swalwell, D-Calif., against Brooks, Rudy Giuliani and former President Trump, and accused them of inciting the Capitol riot.
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