DOJ declines to back Rep. Mo Brooks in lawsuit brought by Rep. Swalwell over Jan. 6 incitement

The DOJ said it has determined it does not believe Brooks was acting within the scope of the duties of his office

The Justice Department declined a request from Rep. Mo Brooks, R-Ala., Tuesday night to intervene for him in a lawsuit brought by a Democratic lawmaker suing him for his role in allegedly inciting the Jan. 6 attack on the U.S. Capitol. In a new filing, the DOJ said it has determined it does not believe Brooks was acting within the scope of the duties of his office when he spoke in front of a pro-Trump rally just before rioters stormed the building, telling the crowd, "today is the day American patriots start taking down names and kicking a**." Brooks had asked for the Justice Department to replace him as a defendant in a lawsuit brought by Rep. Eric Swalwell, D-Calif., providing him legal immunity under a law known as the Westfall Act that former President Donald Trump similarly has sought to use to shield him from an effort by columnist E. Jean Carroll to sue him for defamation over his denial of her rape allegation. "We appreciate the thoughtful analysis by the Committee on House Administration and the Department of Justice and could not agree more with their conclusion," Rep. Swalwell’s attorney Philip Andonian said in a statement Tuesday night. "This conduct manifestly is outside the scope of Brooks’s employment as a member of Congress and the House and DOJ made the right call in requiring him to answer directly for his actions. This is a great step toward justice."