The Department of Justice mentioned Tuesday that Rep. Mo Brooks (R-Ala.) was not performing within the scope of his official duties as a congressman when he gave a speech to Donald Trump supporters on Jan. 6, saying the lawmaker will not be protected by legal guidelines that protect members of Congress from authorized motion.
The willpower comes amid (*6*) by Rep. Eric Swalwell (D-Calif.) in opposition to Brooks, former President Trump and lawyer Rudy Giuliani. The go well with accuses the trio of inciting the lethal assault on the U.S. Capitol as Trump and his surrogates continued to unfold lies that the 2020 presidential election had been stolen from him.
“The record indicates that Brooks’s appearance at the January 6 rally was campaign activity, and it is no part of the business of the United States to pick sides among candidates in federal elections,” the company wrote. Official later added: “Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative — or any federal employee — and thus is not the sort of conduct for which the United States is properly substituted as a defendant under the Westfall Act.”
Brooks had argued that he was performing in his duties as a congressman throughout the “Stop the Steal” rally and was due to this fact protected by the Westfall Act, which shields federal workers from lawsuits associated to their work. The Justice Department’s choice means the federal authorities won’t change Brooks because the defendant within the go well with, echoing a similar decision by the House of Representatives on Tuesday.