Rep. Brooks sought to invoke the Westfall Act, which provides that federal officials cannot be sued for what they do in their official capacity. But the Dept. of Justice said that there was nothing official about the rally because it was a campaign event.
Tuesday when it notified a federal court that Brooks hadn't been acting in his official capacity when he spoke at the pro-Trump rally on Jan. 6, the day of the U.S. Capitol riot.in March accusing former President Donald Trump, Donald Trump Jr., Rudy Giuliani and Brooks of violating federal civil rights laws and local incitement laws. All spoke at a rally near the White House on Jan. 6 before members of the crowd stormed the Capitol.
Swalwell argued in his suit that the mob attack was"a direct and foreseeable consequence of the defendants' false and incendiary allegations of fraud and theft, and in direct response to the defendants' express calls for violence." "It is no part of the business of the United States to pick sides among candidates in federal elections," the court filing said. It noted that when members of Congress run for re-election, they have to carefully distinguish between campaign functions and their official functions."The conduct at issue here thus is not the kind a member of Congress holds office to perform."
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