Department of Justice ruling is not normal

Washington DC

Description

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. The Alabama Republican is one of several defendants in the suit filed by Rep. Eric Swalwell (D-Calif.), who says Brooks knowingly incited a mob of then-President Donald Trump’s supporters to storm the Capitol, using incendiary rhetoric at a rally near the White House before the violent assault began. Trump himself, as well as Donald Trump Jr. and Rudy Giuliani, are named as defendants in the lawsuit. In a 42-page court filing last month, Brooks sought to dismiss the case against him, arguing that his remarks were within the scope of his duties as a House member. The Justice Department and the House have typically intervened to defend lawmakers sued for their official actions, and Brooks sought similar treatment against his colleague’s suit. 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. But in Brooks’ case, the Justice Department rejected the notion that he was acting in his official capacity, noting that his remarks at Trump’s rally were almost entirely political. “The record indicates that the January 6 rally was an electioneering or campaign activity that Brooks would ordinarily be presumed to have undertaken in an unofficial capacity,” Justice Department civil attorneys said in a 29-page filing late Tuesday. Also, Brooks stands accused of fomenting violence against the Capitol, which would be contrary to his duties as a lawmaker. The DOJ has also stated that they will not defend members of Trump's DOJ... they will be required to testify under oath. This is only allowed to happen in very special cases, the DOJ says that the insurrection that occured on January 6 is one of those cases. Think we might hear some, "I'm pleading the 5th"?