Justice Department won't support Mo Brooks in Capitol riot lawsuit from Eric Swalwell

Justice Department won't support Mo Brooks in Capitol riot lawsuit from Eric Swalwell
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The Justice Department declined a request from GOP Rep. Mo Brooks to protect him in a lawsuit filed by fellow Rep. Eric Swalwell over Brooks's comments on Jan. 6.

Brooks had asked the Justice Department to tell the courts that he was acting in his capacity as a government employee when he spoke at the Save America rally before then-President Donald Trump, which occurred shortly before Trump supporters stormed the Capitol. However, the DOJ declined on Tuesday.

"In response to the Court’s order, the United States hereby reports that the Department has declined to issue a certification because it cannot conclude that 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," the department said in its filing. "In light of the Department’s declination, the United States should not be substituted as a defendant in this action."

EXCLUSIVE: MO BROOKS INSISTS TRUMP BEAT BIDEN IF ONLY 'LAWFUL VOTES' WERE COUNTED

Had the DOJ ruled Brooks was acting in his capacity as a government official, he would have been dropped as a defendant in the suit, and the U.S. government would've replaced him.

On March 5, Swalwell sued Brooks, the former president, Donald Trump Jr., and Rudy Giuliani over the Capitol breach. In the lawsuit, which was filed in Washington, D.C.'s federal court, the California Democrat alleged that all four defendants peddled unsubstantiated election fraud claims and engaged in "conspiracy to violate civil rights," "incitement to riot," and terrorism.

Swalwell had difficulty locating Brooks for months and was only able to serve him on June 6. Prior to that, Brooks taunted him on social media for being unable to track him down.

The DOJ said the Swalwell suit alleges he "conspired with others to instigate a violent attack," which "plainly could not be within the scope of federal employment," and the DOJ said his speech was a "campaign activity."

Brooks characterized that assertion as "wholly and completely false," according to the Wall Street Journal. He said he had been "asked by the White House to give a speech" and that "the facts and the law are clearly on my side, and I will definitely appeal any adverse decision by the trial court judge."

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

During Brooks's speech on the morning of Jan. 6, he told the thousands of Trump supporters who flocked to Washington, D.C., "Now is the time to start taking down names and kicking a**!”

The impetus for the rally were the claims of election fraud perpetuated by Trump, his campaign, and supporters. Following the election, they filed dozens of lawsuits alleging such fraud with no success, and their claims stood in contrast to other federal and state officials who affirmed the election results. There has not been proof to support the claim President Joe Biden won the election illegitimately.

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Tags: News, Mo Brooks, Justice Department, Eric Swalwell, January 6, Donald Trump

Original Author: Mike Brest

Original Location: Justice Department won't support Mo Brooks in Capitol riot lawsuit from Eric Swalwell

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