The Department of Justice wrote that it 'cannot conclude the Brooks was acting within the scope of his office or employment as a Member of Congress at the time of the incident out of which the claims in this case arose.'
and the House Office of General Counsel have declined to defend Rep. Mo Brooks in a lawsuit filed against him by Rep. Eric Swalwell .
The DOJ declined to defend Brooks in a court filing hours before the deadline was set to expire, writing that it"cannot conclude that Brooks was acting within the scope of his office or employment as a Member ofShortly before the DOJ response, the House general counsel office refused to participate in the matter in its own filing, arguing against taking sides in a legal dispute between two House members.
"The Office has adopted this same non-participation approach in other similarly situated litigation arising between currently serving members," it continued.
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