Justice Department declines to represent Congressman Mo Brooks in January 6 lawsuit

Washington — The Justice Department on Tuesday rejected a request by Congressman Mo Brooks, a Republican from Alabama, to defend him in a civil lawsuit filed against him by fellow Congressman Eric Swalwell of California for his role in the January 6 assault on the U.S. Capitol.

In a filing with the federal district court in the District of Columbia, Justice Department officials said Brooks' appearance at the January 6 rally outside the White House was "campaign activity" and argued inciting an attack on the Capitol, as alleged by Swalwell, falls outside the breadth of a lawmakers' employment. "[T]he complaint alleges that Brooks engaged in conduct that, if proven, would plainly fall outside the scope of employment for an officer or employee of the United States: conspiring to prevent the lawful certification of the 2020 election and to injure members of Congress and inciting the riot at the Capitol," the Justice Department told the court. "Alleged action to attack Congress and disrupt its official functions is not conduct a member of Congress is employed to perform."