DOJ won't defend GOP Rep. Brooks in Jan 6 lawsuit

The U.S. Department of Justice will not defend Republican Congressman Mo Brooks in a lawsuit alleging he conspired to lead the Jan. 6 riot.
BROOKS: "Today is the day American patriots start to cross names and kick their asses."
The lawsuit against Brooks was brought by Democratic Congressman Eric Swalwell, who also sued former President Donald Trump on alleged conspiracy to instigate the attack when he encouraged supporters to stop confirming Joe Biden's election victory.
TRUMP: “We will never give up. We will never give in, it won't happen. You don't give in when it comes to theft. "
Rep. Brooks had asked the DOJ to let him fall under the Westfall Act, which protects federal employees from being sued for acts related to their work.
In a court file filed Tuesday, the DOJ said it found that Brooks ’appearance at the rally was a campaign activity and not part of his job as a congressman.
During the rally, Brooks referred to Americans who had fought for their country in the past.
BROOKS: "Are you ready to do the same?"
Trump supporters stormed the Capitol after the rally, tore down barriers, clashed with police and forced members of Congress to flee to safety.
In Tuesday's court record, the DOJ said (quote) "The inciting or conspiracy to commit a violent attack on the United States Congress is not within the scope of employing a representative - or a federal employee ..."
The DOJ's decision could suggest it may not defend Trump either.
In this article:
Mo Brooks
US representative from Alabama
Donald Trump
45th President of the United States

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