The Justice Department and the House of Representatives declined to represent Rep. Mo Brooks in a lawsuit that accuses him of helping to incite the Jan. 6 Capitol riot
The Justice Department and the House of Representatives declined on Tuesday to represent Rep. Mo Brooks in a lawsuit that accuses him of helping to incite the deadly riot at the Capitol on Jan. 6.
Brooks cited the Westfall Act, which Trump himself had previously invoked during his presidency, with the Justice Department’s support, to obtain federal representation against a defamation lawsuit by New York writer E. Jean Carroll. The Biden administration has maintained that position. Earlier in the day, House counsel Doug Letter offered a similar rejection, noting that the House rarely intervenes in legal disputes between individual lawmakers, particularly when they’re not related to official House business. In his filing, Letter appended a letter from Rep. Zoe Lofgren , the chair of the House Administration Committee, urging the Justice Department to reject Brooks’ request for legal representation, as well.
“But Brooks’s logic goes too far,” the Justice Department said. “Under his view, it is not clear what limit there would be to his legislative functions; so long as he could point to some desire on some part of his constituency, any purely electioneering or campaign activity would fall within the scope of his office or employment and require the United States to bear responsibility for any alleged tortious conduct.
Department lawyers did not endorse Swalwell’s claims or offer an opinion on whether Brooks’ remarks alone could amount to what the law would view as instigation. Despite hundreds of arrests of participants in the Jan. 6 riot, there has been little public indication that federal investigators are pursuing potential links between those rioters and members of Congress, their staffs or Trump and his allies.
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